Science Fiction and Fantasy Movies
What 'poisonous' fruit does The Goblin King give Sarah in the movie The Labyrinth?
Asked in Homeschooling
What fruit for the new world did Europeans first think was poisonous?
Asked in Guinea Pigs
What type of fruit and vegetable are poisonous to guinea pigs?
Asked in Criminal Law
The fruit of the poisoned tree doctrine?
The "Fruit of the Poisonous Tree Doctrine" is an extension of the Exclusionary Rule, which holds that evidence obtained via an illegal arrest, an unreasonable search/seizure, and/or a coercive interrogation must be excluded from the trial. The Fruit of the Poisonous Tree Doctrine adds to this in that any evidence obtained with the use of information that was not legally obtained (such as from a coercive interrogation) may also be excluded (along with what caused the "poisonous fruit" (evidence) to be found). For example, a judge may declare that a search was unreasonable, and therefore, under the Fruit of the Poisonous Tree Doctrine, the "fruit," the evidence seized from the unreasonable search (the "Poisonous tree") may be excluded as well, because the search was unlawful/unreasonable, and therefore any evidence obtained from the search is also considered unlawful. Sources: 1. Fruit of The Poisonous Tree - Cornell University Law School http://www.law.cornell.edu/wex/fruit_of_the_poisonous_tree 2. Fruit of the Poisonous Tree - The Free (Legal) Dictionary http://legal-dictionary.thefreedictionary.com/Fruit+of+the+poisoned+tree
Asked in Criminal Law, US Constitution
What is the meaning of the legal doctrine known as 'fruit of the poisonous tree' under US Constitutional law?
The "fruit of the poisonous tree" is a legal doctrine that prohibits the use in a criminal trial of any evidence that was obtained by means of an illegal arrest, an unauthorized search or from an illegal interrogation by any law enforcement body. "The fruit of the poisonous tree" is therefore a metaphor. The illegal arrest, search and interrogation would be the poisonous tree. The evidence derived by any of those means would be the fruit from the poisonous tree. For a good discussion on this doctrine see the link provided below.