Is this a "Poison Fruit" case?

[PWood]

I was recently stopped by a police officer in a richer part of town. I am driving a 1982 Crown Victoria. After researching my DL, he came back to the car and asked if I had "any dope or guns in the car". I answered truthfully and said no. He asked if he could have a look. I asked him what the reason for the stop was. As he answers I notice he has no microphone. "Do I need a reason?" I asked again. "I just want to know if I can have a look." I asked again, each time cloning the vocal inflection of the first. He became frustrated and answered curtly, "Your tail lights aren't working. And they flicker when the brakes go on." I asked him if he could have stated that before. "Do I need to?" I said yes. "No I don't. Just step out of the car." I picked up my phone to call for some advice. In a threatening tone, he ordered me out of the car. After putting me in the back of his car, he proceeded in searching my car and found only open beer bottles from my little sister. While I sat I also noticed that he had no recording devices (visual or audio) in his vehicle whatsoever. I also noticed that my tail lights were working perfectly, and I have had many officers go on their way after following me long enough to see. He then went on to write me a ticket for the open containers (which he was not searching for but did see from the window) and for an expired registration which is still good for four months after the stated date. I want to know if I can claim that the ticket is no good for poison fruit as well as a false registration date. Thank you.

 

[seniorjudge]

You are thinking of the "Fruit of the Poisonous Tree" doctrine.

But that is not relevant here since you said the open containers were in plain view.

Obviously, however, if you think this is spending several thousands of dollars on, then hire a lawyer.

 

[lwpat]

The original stop was probably illegal but any experienced officer can come up with a reason that the local judge will approve. That sounds like the case here. After the stop the open containers gave him probable cause to search and he really did not need your consent.

If you can get a mechanic to testify that there is no way there was a short with your lights then the judge may dismiss. The problem with that is the passage of time and the age of the vehicle. You should have taken it in the next day.

This sounds like an old police car and they tend to draw attention per you post.