Fruit Of The Poisonous Tree Doctrine in United States
Practical Information
Note: Some of this information was last updated in 1982
A rule fashioned by the courts that refuses to allow evidence that is the direct result or product of illegal conduct on the part of the police. It is based on the due process clause of the Fourteenth Amendment. The name of the rule comes from the idea that once the tree is poisoned (primary evidence is obtained illegally), the fruit of the tree (secondary evidence) is also tainted by the police misconduct and may not be used.
What is Fruit Of The Poisonous Tree Doctrine?
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