Web18 Jun 2024 · Specifically, we inquire whether the fruit of the poisonous tree doctrine warrants suppression of in-court identification testimony by a police officer who observed a defendant prior to an illegal search of that defendant's cell phone. Commonwealth v. Santiago , 645 Pa. 262, 179 A.3d 455 (2024) (order). Fruit of the poisonous tree is a legal metaphor used to describe evidence that is obtained illegally. The logic of the terminology is that if the source (the "tree") of the evidence or evidence itself is tainted, then anything gained (the "fruit") from it is tainted as well. See more The doctrine underlying the name was first described in Silverthorne Lumber Co. v. United States, 251 U.S. 385 (1920). The term's first use was by Justice Felix Frankfurter in Nardone v. United States (1939). See more • Commonwealth v. Matos • Silverthorne Lumber Co. v. United States • Mapp v. Ohio, 367 U.S. 643 (1961) See more This doctrine was also used by the European Court of Human Rights in Gäfgen v. Germany [GC], no. 22978/05, § 25, ECHR (2010). In certain cases continental European countries … See more The admissibility of evidence obtained by unlawful means has been a point of contention in courts throughout the world. Examples would … See more
Criminal Evidence Final Flashcards Quizlet
WebEvidence which is discovered as the result of an illegal search or arrest is regarded as fruit of that illegal activity unless knowledge of it “is gained from an independent source” such as to “dissipate that primary taint” Silverthorne Lumber Co. v. U.S., 251 U.S. 385, 392, 40 S.Ct. 182, 64 L.Ed.2d 319 (1920). Web23 Feb 2024 · The Fruit of the Poisonous Tree Doctrine is a legal rule recognized by the Supreme Court of the United States. The doctrine basically holds that, where the source of … fort myers ian hurricane damage
Fruit of the Poisonous Tree Law and Legal Definition
WebUnder this doctrine, not only must illegally obtained evidence be excluded, but also all evidence obtained or derived from exploitation of that evidence. The courts deem such … Web1976 Length 11 pages Annotation EXAMINATION OF SUPREME COURT DECISIONS ESTABLISHING AND LIMITING THE FRUITS OF THE POISONOUS TREE DOCTRINE WHICH … WebThe Supreme Court ruled that everything the officers discovered as a result of the illegal arrest was fruit of the poisonous tree—not just the statement itself but also the witness … fort myers incoming flights