Wrongfully Seized Cockatoo

November 22, 2013

  • 110 Criminal Law
  • 110XVII Evidence
  • 110XVII(I) Competency in General
  • 110k392.1 Wrongfully Obtained Evidence
  • 110k392.39 Extent of Exclusion; “Fruit of the Poisonous Tree”
  • 110k392.39(2) k. Search or Seizure in General.

110 Criminal LawIn burglary prosecution in which trial court suppressed cockatoo stolen from pet shop because it was seized by police unlawfully, trial court erred in admitting testimony by bird’s owner to effect that bird was his pet and had been boarded at pet shop, since such testimony was indirect product of wrongful seizure.
People v. Dowdy, 123 Cal. Rptr. 155 (Ct. App. 1975)
Suggested by Matthew Surprenant, Legal Analyst; Thomson Reuters; Eagan, Minn.