FRUIT OF THE POISONOUS TREE

Fruit of the Poisonous Tree

Primary tabs

A doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained. As the metaphor suggests, if the evidential "tree" is tainted, so is its "fruit." The doctrine was established in 1920 by the decision in Silverthorne Lumber Co. v. United States, and the phrase "fruit of the poisonous tree" was coined by Justice Frankfurter in his 1939 opinion in Nardone v. United States.

Like the exclusionary rule itself, this doctrine is subject to three important exceptions. The evidence will not be excluded:

  1. if it was discovered from a source independent of the illegal activity;
  2. its discovery was inevitable;
  3. or if there is attenuation between the illegal activity and the discovery of the evidence.

Further, if the primary evidence was illegally obtained, but admissible under the good faith exception, its derivatives (or "fruit") may also be admissible.


Views: 35

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Snakedaddy commented on cheeki kea's photo
Thumbnail

Not sightseeing.

"Did he leave pajeet shit on their beach also?"
8 hours ago
Doc Vega posted blog posts
yesterday
Doc Vega commented on Doc Vega's photo
Thumbnail

HPiZF7gXIAAC-yn

"The traitors are the Democrat and you got it wrong! They make deals with nations that hate America…"
yesterday
Doc Vega commented on Doc Vega's photo
Thumbnail

746528467_1383587106979426_270659517669097126_n

"Outsourced American labor was the cause and Trump was lying plants here in the states from major…"
yesterday
cheeki kea commented on cheeki kea's photo
Thumbnail

Not sightseeing.

"That's a funny one Tori because the natives are not to keen on law enforcement at the best of…"
yesterday
Tori Kovach commented on Doc Vega's photo
Thumbnail

746528467_1383587106979426_270659517669097126_n

"We wouldn't want for anything if our fucking corporations hadn't sold our jobs to China…"
Tuesday
Tori Kovach commented on Doc Vega's photo
Thumbnail

HPiZF7gXIAAC-yn

"Well, instead we got it backwards and voted for a traitor and got...a traitor."
Tuesday
Tori Kovach commented on cheeki kea's photo
Thumbnail

Not sightseeing.

"I heard the aborigines wanted to keep him as one of their own."
Tuesday
Tori Kovach commented on tjdavis's photo
Thumbnail

Sainthood

"That's why Trump loves you"
Tuesday
Tori Kovach commented on Doc Vega's photo
Thumbnail

HQDAWOjbAAARkld

"Where he belongs, under his big, beautiful ballroom!"
Tuesday
Doc Vega favorited tjdavis's blog post Smart Network About You Without You
Tuesday
Doc Vega posted a blog post

If this Stolen Election is Allowed to Continue

 If you are inclined to believe these unimaginable Mid-Term election results, you are either a sad…See More
Tuesday
Less Prone posted a video

Ronald Bernard - 6 - The first steps towards true peace

🇬🇧 spoken / 🇳🇱 ondertiteling / 🇪🇸 subtítulos / 🇩🇪 untertitel / 🇫🇮 tekstitys / 🇫🇷 Sous-titres / 🇵🇹 legendas / 🇮🇹 Sottotitoli / 🇬🇧 subtitles...
Monday
cheeki kea commented on cheeki kea's photo
Sunday
cheeki kea posted photos
Sunday
cheeki kea commented on cheeki kea's photo
Thumbnail

Something for you

"President Trump arranged for this prioritised contingent to arrive in USA weeks ago but we all know…"
Sunday
tjdavis posted a video

We Live in Public | Official Trailer | Documentary

Winner of the Grand Jury Prize for best documentary at Sundance Film Festival and Certified Fresh on Rotten Tomatoes, We Live in Public is the fascinating do...
Sunday
tjdavis posted a blog post
Sunday
Sandy posted videos
Saturday
Sandy posted photos
Saturday

© 2026   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted