fruit of the poisonous tree


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fruit of the poisonous tree

In US law, any secondary legal evidence that has been obtained as the result of unconstitutional or illegal means or information gathered in such a way. Such evidence, both the primary source and the secondary result, are generally inadmissible in court. The police were found to have obtained the knowledge of the illicit firearms' location from a search they conducted without a warrant, and thus this fruit of the poisonous tree was ultimately not admitted during the prosecution.
See also: fruit, of, tree
References in periodicals archive ?
139) But as a constitutional violation occurred here, Fellers should receive greater protection under the fruit of the poisonous tree doctrine than was provided in Elstad.
194) But it has not allowed the admission of derivative evidence where constitutional rights have been violated, following the fruit of the poisonous tree doctrine laid out in Wong Sun.
United States,(298) the case that coined the phrase fruit of the poisonous tree.
Therefore, all the seized items should be considered fruit of the poisonous tree and my arrest and detention is consequently illegal,'' the 33-year-old American said.
Elstad,(11) the Supreme Court similarly held that a second statement obtained from a custodial suspect following one taken, in violation of Miranda is not necessarily a fruit of the poisonous tree and may be used at trial.
He argued that the second statement was the tainted fruit of the poisonous tree, because his prior unwarned statement exerted a coercive impact on his later admissions and that the Miranda warnings did not purge that taint.