An Admission is Inadmissible If After an Illegal Search As the Fruit of a Poisonous Tree

At about 7:40 p.m. on September 22, 2009, a tipster called the Pomona Police Department to report that Scott Shetler was manufacturing and using methamphetamine in his home in Pomona, California.

About twenty minutes later, police arrived at Shetler’s house. The garage door was open and officers could smell a chemical associated with making methamphetamine. Since the garage door was open, police entered the property and then the garage to look around. They saw a can of acetone, several glass beakers and a jug of red phosphorus, all chemicals related to making methamphetamine.

Officers then knocked on the front door. Shetler answered and was immediately handcuffed. Officers, without a warrant, then entered the house to conduct a “sweep.” After this time, several officers stayed inside the house and spoke with Shetler’s girlfriend, asking her to sign a consent to search form for items related to methamphetamine cooking, materials and weapons.” Shetler’s girlfriend signed the form.

DEA agents then arrived, wearing protective suits and masks. They found acetone, iodine, iodine pellets, hydriatic acid, muriatic acid, Drano, Heet and flasks with methamphetamine residue. They also found several firearms.

After nearly five and a half hours of searching, while Shelter stood handcuffed outside his house watching, police read Shetler his Miranda rights. Shetler then confessed to manufacturing methamphetamine in his home.

Thirty-six hours later and while still detained, Shetler was read his Miranda rights again and made statements concerning his methamphetamine use.

Shetler was charged in U.S. District Court with maintaining drug-involved premises in violation of 21 U.S.

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