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If a police officer bangs on my front door, as his partners is loudly declaring he possesses "a warrant to search the premises!" when, in actuality, he's waving about his cruiser's registration (/insert official-looking document of choice here), and I, stunned, step back, allowing them to barge their way inside, can they DO anything with my 1:12 scale replica of the Statue of Liberty I've been diligently crafting entirely out of black tar heroin, unpaid parking tickets, and unregistered firearms? Or is that "fruit of the poisoned tree"?

Edit: The critical piece of the question here is, were an officer to knowingly seek to mislead me via the use of a fake or falsified warrant - one which the officer in question, with intent and malice aforethought, is asserting to be valid - and were I to allow myself to be bullied into admitting them, having seen them waving about this official-looking document which they have explicitly told me is a valid warrant (but which I've been provided no opportunity to examine and which, in actuality, is a Publisher's Clearinghouse registration form), can said officers proceed to tear up my home until they find evidence of a crime with which to arrest or prosecute me for?

The example I posited above is an extreme one in which I'm using humor to make a point, but say instead I had an unregistered pistol that had recently been fired - a literal smoking gun - in a safe beneath my bed: could my possession of same be leveraged into probable cause for an arrest? If this was the lone piece of evidence that I had done something illicit that existed, would it even be admissible when pre-trial began?

NerdyDeeds
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  • So... as long as my front door happens to be in a vehicle... I'm screwed? I appreciate the applicability if I happen to be living in a van down by the river... but on private property... with a reasonable expectation of privacy... in the face of a peace officer leveraging a knowingly-falsified warrant... I was kind of under the impression this is the sort of thing Miranda Law was established to prevent. Am I totally off-mark? – NerdyDeeds Mar 02 '23 at 07:48
  • @sjy You know, I do believe that your absolutely magnificent answer to the question you linked DOES, in fact, answer my query. What I was trying to ferret out here was whether or not the poisoned produce from such a limb would serve to preclude/dissuade/disincentivize a police officer from employing such a tactic. That Weeks v. case you cite I think lays out the answer fairly aptly. And let me reiterate: that was a fantastic answer! – NerdyDeeds Mar 02 '23 at 08:10

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