Sunday, December 21, 2008
Elsie Law's Daily Dose Of The Law
The Fruit Of Poisonous Tree Doctrine is defined by Black's Law Dictionary as: "Evidence which is spawned by or directly derived from an illegal search or illegal interrogation is generally inadmissible against the defendant because of its original taint, through knowledge of facts gained independently of the original and tainted search is admissible. This doctrine is to the effect that an unlawful search taints not only evidence obtained at the search, but facts discovered by process initiated by the unlawful search. This doctrine is generally applied to cases involving searches in violation of the Fourth Amendment to the Constitution right against unlawful searches and seizures, but it can be applied to searches in violation of a statutory right."