What Is The Fruit Of The Poisonous Tree Doctrine Examples

Monday, July 13, 2020

What Is The Fruit Of The Poisonous Tree Doctrine Examples

A doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained. The fruit of the poisonous tree doctrine is an offspring of the exclusionary rulethe exclusionary rule mandates that evidence obtained from an illegal arrest unreasonable search or coercive.

Fruit Of A Poisoned Tree By Antony Altbeker Book Read Online

The principle that prohibits the use of secondary evidence in trial that was culled directly from primary evidence derived from an illegal search and seizure.

What is the fruit of the poisonous tree doctrine examples. The exclusionary rule was the precursor to the fruit of the poisonous tree doctrine. The fruit of the poisonous tree is a doctrine that is very similar to the exclusionary rule. Fruit of the poisonous tree objection is a legal metaphor in the united states used to describe evidence that is obtained illegally.

The fruit of the poisonous tree doctrine also known as the derivative evidence doctrine is a rule in criminal law that makes evidence that was derived from an illegal search arrest or interrogation inadmissiblein other words the evidence the fruit was tainted due to it coming from the illegal search and seizure the poisonous tree. United states and the phrase fruit of the poisonous tree was coined by justice. The fruits of the poisonous tree doctrine was established to prevent police misconduct.

There are exceptions to the fruit of the poisonous tree doctrine meaning that some evidence may be admissible even though police came by it illegally. The fruit of the poisonous tree doctrine prevents the prosecution from admitting certain evidence into a criminal case after it has been tainted by a primary illegality. 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. This legal metaphor regards tainted evidence fruit obtained through illegal searches or other police misconduct the poisonous tree as inadmissible in court. The illegal search itself is considered the poisonous tree and the gun is considered the fruit.

The case is complicated so sit down and please tell me if anything is not clear enough. 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. Courts use the terms inevitable discovery and attenuated taint to describe situations in which the government finds evidence illegally but could have found it lawfully.

Fruit of the poisonous tree. Not exactly the same but here in galicia we have recently seen a whole case struck down due to a mistake made early on during the pre trial investigation. Under the fruit of the poisonous tree doctrine evidence obtained from illegal arrest search or seizure is not admissible in the court of law.

This doctrine is meant to remove illegally acquired evidence from negatively impacting a criminal defendant.

Plain View Doctrine Allows A Police Officer To Seize Evidence