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The fruit of the poisonous tree doctrine is an extension of the Exclusionary Rule that applies to indirect evidence obtained through a Fourth Amendment illegal search and seizure.

There are several exceptions to both the Exclusionary Rule and the fruit of the poisonous tree doctrine:

  1. Independent Source Doctrine: Evidence discovered in part from an independent, untainted source. [Murray v. United States,(1988)]
  2. Inevitable Discovery Rule: the evidence would have been found despite the unconstitutional action. [Nix v. William, (1984)]
  3. Attenuated Connection Principle: The chain of cause and effect is too attenuated to tie directly to the unconstitutional action. [Wong Sun v. United States, (1963)]
  4. Good Faith Rule: A search warrant not based on probable cause was issued, but acted upon in good faith by government agents. [US v. Leon, (1984).]
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Q: What are exceptions to the fruit of the poisonous tree doctrine?
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What importance to the US criminal justice is the exclusionary rule and fruit of the poisonous tree doctrine?

Fruit of the poisonous tree is any evidence obtained as a result of a violation of the accused's rights. It is important because it forces police to respect your Fourth Amendments rights or they can lose important evidence.


The case which articulated the fruit of the poisoned tree doctrine?

The case which articulated the fruit of the poisoned tree doctrine was Silverthorne Lumber Co. v. United States in 1920.


Is attenuation an exception to fruits of the poisonous tree?

Yes. In Wong Sun, the Court applied the "attenuation concept" and said that if the link between the original illegal act and the final discovery of evidence (the fruit) is too remote or tenuous; the fruit of the poison tree doctrine should not be applied.


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Dark Justice - 1991 Fruit of the Poisonous Tree 1-15 was released on: USA: 18 October 1991


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No! Rubber is made from the sap of the tree and is poisonous. The fruit will likewise be dangerous to eat.


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