People v. Mendez

The narrow question presented is this: Where the police obtain the name of a witness by means of an illegal wiretap at the defendant’s premises, may the evidence voluntarily supplied by that witness upon police interrogation be used against the defendant? Or is this witness’ testimony to be excluded as forbidden fruit of the poisonous tree?

Defendant was charged with the crime of abortion under an indictment based, in part at least, on evidence taken from her dwelling upon a search pursuant to a warrant. Underlying the warrant were the affidavit of a policewoman and that of a woman, who…