State v. New

New was illegally arrested and detained and any statements he made while under his illegal incarceration should be excluded as “fruits of the poisonous tree.” Wong Sun v. U.S., 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963).

New cooperated with law enforcement. He was subpoenaed to testify at the White Horse trial. Before leaving his home state of Minnesota, New asked South Dakota law en-*720foreement if there were any outstanding warrants against him in South Dakota. He was told, “No.” New came to South Dakota to testify only because of this assurance. Before he could return home to Minnesota,…