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What is the fruit of the poisonous tree?

There is a legal doctrine known as the fruit of the poisonous tree. It has to do with the way that the police gather evidence. If they do so incorrectly, it may mean that some of that evidence cannot be used in court.

Generally, this doctrine sees the “poisonous tree“ as a mistake made by police officers. They have violated the law in some way, or perhaps violated a suspect’s rights. If they find evidence because of this violation, that evidence is the “fruit.” It often cannot be used in court because it was illegally obtained in the first place. Even if the evidence would lead to a conviction, it may have to be excluded.

Searching for illegal drugs 

One example of how this could happen is if the police want to search your home for illegal drugs. The police go to the home, but you won’t give them consent as the homeowner to come inside. It’s not an emergency and no one is in danger, so officers can’t legally force their way in. 

The police should get a search warrant, but what if they neglect to do it and conduct their search anyway? This is a violation of your rights as the property owner.

During this illegal search, say that the police do find fentanyl, cocaine or large amounts of marijuana on the property. This is clearly an illegal substance that could lead to serious charges. But because the drugs were discovered during an illegal search, officers may not be able to use them as evidence during the court case. If those illegal drugs were the only evidence that they found, they likely would not be able to get a conviction.

As such, this doctrine can have a major impact on the outcome of a criminal case. It helps to show why you need to know about all of your legal options when facing charges.

 

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