What Is the Fruit of the Poisoned Tree?
It is any evidence, information, leads, etc, that investigators receive after an illegal confession or an illegal search. The fruit of the poisoned tree is also the name of the legal doctrine that describes such evidence and how it is obtained.
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Features
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Fruit of the poisoned tree isn't just minor evidence. Murder weapons and even the body of a victim can be inadmissible if it is gathered from illegally obtained evidence or information.
Considerations
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The fruit of the poisoned tree isn't necessarily excluded forever. If investigators can show that they would have arrived at the same evidence through other legal means, it can be deemed admissible in court.
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Origins
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This doctrine was created to protect defendants from police misconduct. It was also intended to bolster the Fourth Amendment's protection against illegal search and seizure of property.
Misconceptions
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Fruit of the poisoned tree is not a "get out of jail free" card. In fact, it only describes evidence which was illegally obtained. If the prosecution has enough evidence otherwise to get a conviction, then the trial will continue.
Functions
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It is possible to lose a case because of the fruit of the poisoned tree. For example, if the police arrest and interrogate a suspect without Mirandizing him (making him aware of his rights) then the information subsequently obtained cannot be used in court.
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