The Fruit Of The Poisonous Tree Doctrine Refers To Quizlet

Wednesday, September 23, 2020

The Fruit Of The Poisonous Tree Doctrine Refers To Quizlet

The doctrine is subject to four main exceptions. 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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A companion to the exclusionary rule is the fruit of the poisonous tree doctrine established by the supreme court in nardone v.

The fruit of the poisonous tree doctrine refers to quizlet. It would inevitably have been discovered despite the tainted sou. It was discovered in part as a result of an independent untainted source. Unlawfully entered his house and arrested him at this time he admitted fruit of poisonous tree however his confession outside of his house was not the fruit of a poisonous tree.

The illegal search itself is considered the poisonous tree and the gun is considered the fruit. 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. A doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained.

United states and the phrase fruit of the poisonous tree was coined by justice. Fruit of the poisonous tree. Fruit of the poisonous tree objection is a legal metaphor in the united states used to describe evidence that is obtained illegally.

Learn vocabulary terms and more with flashcards games and other study tools. The fruit of the poisonous tree is a doctrine that is very similar to the exclusionary rule. The exclusionary rule was the precursor to the fruit of the poisonous tree doctrine.

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. The fruits of the poisonous tree doctrine was established to prevent police misconduct. When police have probable cause to arrest confessions outside of home are not subject to exclusion.

The tainted evidence is admissible if. 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 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.

Start studying fruit of the poisonous tree doctrine. This legal metaphor regards tainted evidence fruit obtained through illegal searches or other police misconduct the poisonous tree as inadmissible in court. Under this doctrine a court may exclude from trial any evidence derived from the results of an illegal search.

United states 308 us. For example you are driving and are stopped by police because you were speeding.

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