Marshall v. State

PRATHER, Justice,

for the Court:

I. INTRODUCTION

This case involves an appeal of the conviction of Sue Marshall in the Pike County Circuit Court on the charge of unlawful possession of more than one ounce of marijuana with the intent to distribute. Marshall contends that her conviction should be reversed because the evidence used against her was derivative of an unlawful search and seizure. In other words, marijuana and other evidence seized by officers constituted inadmissible “fruit of the poisonous tree.” Established constitutional law supports Marshall’s contention and requires reversal of…