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- Fruit_of_the_poisonous_tree abstract "Fruit of the poisonous tree is a legal metaphor in the United States 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. The fruit of the poisonous tree doctrine 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).Such evidence is not generally admissible in court. For example, if a police officer conducted an unconstitutional (Fourth Amendment) search of a home and obtained a key to a train station locker, and evidence of a crime came from the locker, that evidence would most likely be excluded under the fruit of the poisonous tree legal doctrine. The discovery of a witness is not evidence in itself because the witness is attenuated by separate interviews, in-court testimony and his or her own statements.The doctrine is an extension of the exclusionary rule, which, subject to some exceptions, prevents evidence obtained in violation of the Fourth Amendment from being admitted in a criminal trial. Like the exclusionary rule, the fruit of the poisonous tree doctrine is intended to deter police from using illegal means to obtain evidence.The doctrine is subject to four main exceptions. The tainted evidence is admissible if: it was discovered in part as a result of an independent, untainted source; or it would inevitably have been discovered despite the tainted source; or the chain of causation between the illegal action and the tainted evidence is too attenuated; or the search warrant was not found to be valid based on probable cause, but was executed by government agents in good faith (called the good-faith exception).This doctrine was also used by the European Court of Human Rights in Gäfgen v. Germany.".
- Fruit_of_the_poisonous_tree wikiPageID "881176".
- Fruit_of_the_poisonous_tree wikiPageRevisionID "606557582".
- Fruit_of_the_poisonous_tree hasPhotoCollection Fruit_of_the_poisonous_tree.
- Fruit_of_the_poisonous_tree subject Category:American_legal_terms.
- Fruit_of_the_poisonous_tree subject Category:Legal_doctrines_and_principles.
- Fruit_of_the_poisonous_tree subject Category:United_States_Fourth_Amendment_case_law.
- Fruit_of_the_poisonous_tree comment "Fruit of the poisonous tree is a legal metaphor in the United States 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. The fruit of the poisonous tree doctrine 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.".
- Fruit_of_the_poisonous_tree label "Doctrina del fruto del árbol envenenado".
- Fruit_of_the_poisonous_tree label "Doutrina dos frutos da árvore envenenada".
- Fruit_of_the_poisonous_tree label "Fruit of the poisonous tree".
- Fruit_of_the_poisonous_tree label "Früchte des vergifteten Baumes".
- Fruit_of_the_poisonous_tree label "毒樹の果実".
- Fruit_of_the_poisonous_tree label "毒樹果實理論".
- Fruit_of_the_poisonous_tree sameAs Früchte_des_vergifteten_Baumes.
- Fruit_of_the_poisonous_tree sameAs Doctrina_del_fruto_del_árbol_envenenado.
- Fruit_of_the_poisonous_tree sameAs Buah_pohon_beracun.
- Fruit_of_the_poisonous_tree sameAs 毒樹の果実.
- Fruit_of_the_poisonous_tree sameAs 독수독과이론.
- Fruit_of_the_poisonous_tree sameAs Doutrina_dos_frutos_da_árvore_envenenada.
- Fruit_of_the_poisonous_tree sameAs m.03lb35.
- Fruit_of_the_poisonous_tree sameAs Q1192345.
- Fruit_of_the_poisonous_tree sameAs Q1192345.
- Fruit_of_the_poisonous_tree wasDerivedFrom Fruit_of_the_poisonous_tree?oldid=606557582.
- Fruit_of_the_poisonous_tree isPrimaryTopicOf Fruit_of_the_poisonous_tree.