Evidence suppressed in another case against defendant for a Fourth Amendment violation not admissible in this case as 404(b) evidence. People v. Walters, 2017 V.I. LEXIS 165 (Dec. 4, 2017).
Defendant argued his arrest was unlawful but not that his assault on the arresting officer was fruit of the poisonous tree. Thus, he didn’t preserve the issue for review. On plain error review, his assault on the officer is not fruit of the poisonous tree as a matter of law. State v. Burwell, 2017 N.C. App. LEXIS 1024 (Dec. 5, 2017).