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Not necessarily. Let's say the suing partyvictim delivered photos of a harm that were alleged to be done by the defendant. That's first of all purjury (sp?), Aa crime in itself. But based on this item the DA orders investigation and finds evidence of a real crime.

Discovering thisthat the photo was faked can lead to dismissal (with prejudice), but even without the fake photo, there might be a strong case against defendant.

Also, the photo could not even be used as evidence in the actual trial stage. A good defense attorney might manage to convince the judge, that the doctored photo should have been discovered such early in the investigation, but I doubt, that one could manage to make everything else in a proper investigation fruit of the poisoned tree unless police screwed up.

Not necessarily. Let's say the suing party delivered photos of a harm that were alleged to be done by the defendant. That's first of all purjury (sp?), A crime in itself.

Discovering this can lead to dismissal (with prejudice), but even without the fake photo, there might be a strong case against defendant.

Not necessarily. Let's say the victim delivered photos of a harm that were alleged to be done by the defendant. That's a crime in itself. But based on this item the DA orders investigation and finds evidence of a real crime.

Discovering that the photo was faked can lead to dismissal (with prejudice), but even without the fake photo, there might be a strong case against defendant.

Also, the photo could not even be used as evidence in the actual trial stage. A good defense attorney might manage to convince the judge, that the doctored photo should have been discovered such early in the investigation, but I doubt, that one could manage to make everything else in a proper investigation fruit of the poisoned tree unless police screwed up.

Source Link
Trish
  • 45.3k
  • 2
  • 93
  • 182

Not necessarily. Let's say the suing party delivered photos of a harm that were alleged to be done by the defendant. That's first of all purjury (sp?), A crime in itself.

Discovering this can lead to dismissal (with prejudice), but even without the fake photo, there might be a strong case against defendant.