Law Fruit Of The Poisonous Tree

A doctrine of evidence. The poisonous tree is evidence seized in an illegal arrest search or interrogation by law enforcement.

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The fruit of this poisonous tree is evidence later discovered because of knowledge gained from the first illegal search arrest or interrogation.

Law fruit of the poisonous tree. Legal definition of fruit of the poisonous tree. The theory is that the tree original illegal evidence is poisoned and thus taints what grows from it. The fruit of this poisonous tree is evidence later discovered because of knowledge gained from the first illegal search arrest or interrogation.

Fruit of the poisonous tree. The logic of the terminology is that if the source the tree of the evidence or evidence itself is tainted then anything gained the fruit from it is tainted as well. The fruit of the poisonous tree is a doctrine that is very similar to the exclusionary rule.

Evidence that is derived from or gathered during an illegal action as an unlawful search cannot be admitted into court. This legal metaphor regards tainted evidence fruit obtained through illegal searches or other police misconduct the poisonous tree as inadmissible in court. Fruit of the poisonous tree objection is a legal metaphor in the united states used to describe evidence that is obtained illegally.

Similarly if law enforcement coerced a confession in which the criminal defendant said where a weapon used in a crime was located and law enforcement obtained a search warrant based on this confession the weapon would be inadmissible because it would be the fruit of the poisonous tree. In criminal law the doctrine that evidence discovered due to information found through illegal search or other unconstitutional means such as a forced confession may not be introduced by a prosecutor. For example you are driving and are stopped by police because you were speeding.

As the metaphor suggests if the evidential tree is tainted so is its fruit the doctrine was established in 1920 by the decision in silverthorne lumber co. The poisonous tree is evidence seized in an illegal arrest search or interrogation by law enforcement. The name fruit of the poisonous tree is thus a metaphor.

The name fruit of the poisonous tree is thus a metaphor. United states and the phrase fruit of the poisonous tree was coined by justice frankfurter in his 1939 opinion in nardone v. The exclusionary rule was the precursor to the fruit of the poisonous tree doctrine.

Under the fruit of the poisonous tree doctrine evidence obtained from illegal arrest search or seizure is not admissible in the court of law.

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