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Not a laywer, but after consent is withdrawn court should rule that everything after that point is inadmissable evidence.
That’s assuming they actually looked without permission, of course.
If they image your devices and you withdraw consent, they could always get a court order at any time to examine the contents if they haven’t already taken a look.
Right, but they can’t use the data from the device to get the court order to examine it to make it legal to use. Order of things matter here.
“Don’t worry we ended up having a parallel investigation that got us the info we needed…”