State v. Davis

In State v. Davis, 176 W. Va. 454, 345 S.E.2d 549 (1986), the defendant assigned as error the trial court's failure to suppress, as fruit of the poisonous tree, clothing seized from his home pursuant to a search warrant obtained following a warrantless search of the premises. The Court found no error, and reasoned: "the police officer's affidavit in support of a search warrant, containing absolutely no indicia of the existence of a previous search, corroborated his testimony that he was totally unaware of any search that had allegedly taken place on the date of the robbery. Absolutely no link was established by the appellant between the illegal search and the warrant which raised even a possibility of "exploitation" of the initial search by the police." (Davis, 176 W. Va. at 462, 345 S.E.2d at 557.)