In a torture case, the defense objects to identifying the affiant's affidavit as fruit of the poisonous tree. Is the objection sustainable?

• A. Yes, it is sustainable.
• B. No, the objection may not be sustained because the affidavit is not yet offered in evidence.
• C. It is sustainable only if the affiant is convicted.
• D. It depends on whether the affidavit was obtained illegally.

Answer: (B)