Search and seizure: LATERZA V. COMMONWEALTH (COA 1/11/2008)

LATERZA V. COMMONWEALTH
CRIMINAL:  Search and Seizure
2007-CA-000006
PUBLISHED: AFFIRMING
PANEL: THOMPSON PRESIDING; BUCKINGHAM, HENRY CONCUR
COUNTY:  BOONE
DATE RENDERED: 01/11/2008

TC did not err by admitting evidence of marijuana and drug paraphernia seized following trash pulls and obtained subsequent to the videotaped surveillance of Laterza’s residence. The surveillance videotapes were not obtained illegally and, thus, cannot be the basis for a “fruit of the poisonous tree” claim. Rather than being ruled constitutionally inadmissible, the trial court ruled the videotapes inadmissible under its broad discretion to control discovery.

Digested by Scott C. Byrd
www.OlginandByrd.com

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