Evidence — fruit of the poisonous tree, arrest

Posted August 5, 2019 3:13 PM

Where the defendant was mistakenly arrested for drinking on a public way while drinking in a private parking lot, the officer’s mistake of confusing a private parking lot with a public way was not objectively reasonable and therefore any evidence obtained during the arrest must be suppressed as fruit of the poisonous tree.The 1st District Appellate Court reversed the decision of Cook County Associate Judge Raymond Myles.Alvin Brown was arrested around 1 a.m. on Aug. 30, 2014, when three Chicago police officers in an …

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