This post was co-authored by EFF legal intern Virginia KennedyUnder the Fourth Amendment, police can search your home, your computer, and other private spaces without a warrant or even probable cause if you freely and voluntarily consent to the search. But even when someone consents to a search,...
I’m curious: if LE images your devices and then you revoke consent, and then they search anyway and find something incriminating, are they then able to get a warrant after the fact, or does the fruit of the poisoned tree mean they can no longer use data from that device as evidence?
Not a laywer, but after consent is withdrawn court should rule that everything after that point is inadmissable evidence.
“Don’t worry we ended up having a parallel investigation that got us the info we needed…”