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Old 03-13-2015, 03:39 PM   #133
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Question Fruits of the poisonous tree?

Quote:
Originally Posted by Bear Islander View Post
Several people have posted mentioning that Mr. Clay failed to obey the orders of a police officer. There is no law I am aware of that requires you to obey every order from a police officer. And if you think about it that would be the definition of a Police State, and none of us want that.

Obviously there are circumstances where the law requires you to obey police orders but I'm not convinced any of them apply to Mr. Clay. It may be possible he was trespassing because the board did suspend his time to speak and he was ordered from the room.
Very good point BI. The order must be a "lawful" order. If it is determined that the Selectmen violated Clay's right to free speech, then any subsequent action to silence and remove (arrest) him can also be determined to be unlawful. In legal parlance it is sometimes referred to as the "fruits of the poisonous tree" defense.

It will be very interesting to see who prevails in this issue!
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