A legal search warrant is served to the owner of storage facility. The search is for the recovery of a full sized $100,000.00 speed boat. Upon receipt and inspection of the warrant the owner operator of the facility goes into the office to retrieve the keys to the boat and R.V. parking area to comply with the warrant. He opens a medium sized safe and gets a locked key box and places it on the desk. While he opens the key box a officer reaches into the safe and retrieves a cigar box. He opens it and finds a small amount of marijuana 2grams and a small amount of cocaine 1 gram. The owner operator is immediately placed under arrest taken to the station and charged.
Should the evidence be thrown out under the fruit of the poison tree doctrine? I say yes.
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