Page:United States v. Morton (19-10842) (2021) Opinion.pdf/15

 photographs. Because the officers’ search of the stored photographs pursuant to the first warrants was impermissible, obviously the use of that information—which was the evidence asserted to secure the second set of warrants—tainted the evidence obtained as a result of that second search, making it the unconstitutional “fruit of the poisonous tree.” See, e.g., United States v. Martinez, 486 F.3d 855, 864 (5th Cir. 2007). Therefore, the evidence obtained as a result of the second set of warrants is inadmissible.

As we have earlier noted, Morton pled guilty while reserving the right to appeal the district court’s order on the motion to suppress. This conditional guilty plea, under Federal Rule of Criminal Procedure 11(a)(2), allows a defendant to “reserv[e] in writing the right to have an appellate court review an adverse determination of a specific pretrial motion.” 11(a)(2). Furthermore, “a defendant who prevails on appeal may then withdraw [his] plea.” Id. Therefore, as to the photographs discovered in the first search of Morton’s cellphones and the subsequently discovered evidence from the second searches, we REVERSE the order of the district court denying Morton’s motion to suppress, VACATE Morton’s conviction and sentence so that he may withdraw his plea, and REMAND this case to the district court for further proceedings not inconsistent with this opinion. REVERSED, VACATED, and REMANDED.