Fruit of the poisonous tree
Encyclopedia
Fruit of the poisonous tree is a legal metaphor in the United States used to describe evidence that is obtained illegally. The logic of the terminology is that if the source of the evidence (the "tree") is tainted, then anything gained from it (the "fruit") is as well.
Such evidence is not generally admissible in court. For example, if a police officer conducted an unconstitutional (Fourth Amendment
) search of a home and obtained a key to a train station locker, and evidence of a crime came from the locker, that evidence would most likely be excluded under the fruit of the poisonous tree doctrine. The discovery of a witness is not evidence in itself because the witness is attenuated by separate interviews, in-court testimony and his or her own statements.
The doctrine is an extension of the exclusionary rule
, which, subject to some exceptions, prevents evidence obtained in violation of the Fourth Amendment from being admitted in a criminal trial. Like the exclusionary rule, the fruit of the poisonous tree doctrine is intended to deter police from using illegal means to obtain evidence.
The doctrine is subject to four main exceptions. The tainted evidence is admissible if:
The fruit of the poisonous tree doctrine stems from the 1920 case of Silverthorne Lumber Co. v. United States
.
Such evidence is not generally admissible in court. For example, if a police officer conducted an unconstitutional (Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
) search of a home and obtained a key to a train station locker, and evidence of a crime came from the locker, that evidence would most likely be excluded under the fruit of the poisonous tree doctrine. The discovery of a witness is not evidence in itself because the witness is attenuated by separate interviews, in-court testimony and his or her own statements.
The doctrine is an extension of the exclusionary rule
Exclusionary rule
The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law...
, which, subject to some exceptions, prevents evidence obtained in violation of the Fourth Amendment from being admitted in a criminal trial. Like the exclusionary rule, the fruit of the poisonous tree doctrine is intended to deter police from using illegal means to obtain evidence.
The doctrine is subject to four main exceptions. The tainted evidence is admissible if:
- it was discovered in part as a result of an independent, untainted source;
- it would inevitably have been discovered despite the tainted source; or
- the chain of causation between the illegal action and the tainted evidence is too attenuated; or
- the search warrant not based on probable causeProbable causeIn United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
was executed by government agents in good faithGood faithIn philosophy, the concept of Good faith—Latin bona fides “good faith”, bona fide “in good faith”—denotes sincere, honest intention or belief, regardless of the outcome of an action; the opposed concepts are bad faith, mala fides and perfidy...
.
The fruit of the poisonous tree doctrine stems from the 1920 case of Silverthorne Lumber Co. v. United States
Silverthorne Lumber Co. v. United States
Silverthorne Lumber Co. v. United States, , was a U.S. Supreme Court Case in which Silverthorne attempted to evade paying taxes. Federal agents illegally seized tax books from Silverthorne and created copies of the records. The issue in this case is whether or not derivatives of illegal evidence...
.
See also
- Nardone v. United States,
- Wong Sun v. United StatesWong Sun v. United StatesWong Sun v. United States, , is a United States Supreme Court decision excluding the presentation of verbal evidence and recovered narcotics where they were both fruits of an illegal entry. Narcotics agents unlawfully entered Toy's laundry at which point Toy indicated that Yee was selling...
, - United States v. Ceccolini,