State v. Lujan

OPINION

ROBINSON, Judge.

{1} Rene Lujan (Defendant) appeals his conviction for possession of cocaine, arguing that the district court should have granted his motion to suppress drug evidence discovered in the course of a search incident to his arrest on a warrant. Probable cause for the warrant was founded on evidence later suppressed that had been seized fifteen days earlier when officers improperly entered Defendant’s home. We reverse, holding that discovery of the drugs was fruit of the poisonous tree.

I. BACKGROUND AND FACTS

{2} Because this appeal involves the interrelationship of two…