Definition Of Fruit Of The Poisonous Tree
Legal definition of fruit of the poisonous tree.
Definition of fruit of the poisonous tree. Fruit of the poisonous tree a rule that once. According to this doctrine not only is evidence illegally seized inadmissible but any evidence or testimony obtained later as a result of the illegally seized evidence is inadmissible. Take an illegal wiretap for example. Definitions by the largest idiom dictionary.
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. Fruit of the poisonous tree idioms by the free dictionary. Evidence that is derived from or gathered during an illegal action as an unlawful search cannot be admitted into court. Fruit of the poisonous tree is a doctrine of evidence law first established in silverthorne lumber co.
Fruit of the poisonous tree includes evidence gathered from just about any kind of police conduct that violates a defendant s constitutional rights. The principle that prohibits the use of secondary evidence in trial that was culled directly from primary evidence derived from an illegal search and seizure. Meaning of fruit of the poisonous tree. Noun plural fruits of the poisonous tree 1.
United states and the phrase fruit of the poisonous tree was coined by justice. Us law idiomatic evidence that has been obtained as the result of an illegal act on the part of law enforcement personnel such as a warrantless search or continued questioning of. Define fruit of the poisonous tree. What does fruit of the poisonous tree expression mean.
As the metaphor suggests if the evidential tree is tainted so is its fruit the doctrine was established in 1920 by the decision in silverthorne lumber co. A doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained. The fruit of the poisonous tree doctrine is an offspring of the exclusionary rule the exclusionary rule mandates that evidence obtained from an illegal arrest unreasonable search or coercive. Fruit of the poisonous tree is a legal metaphor used to describe evidence that is obtained illegally.
A doctrine of evidence. Fruit of the poisonous tree synonyms fruit of the poisonous tree pronunciation fruit of the poisonous tree translation english dictionary definition of fruit of the poisonous tree. Fruit of the poisonous tree phrase. English dictionary definition of fruit of the poisonous tree.
Suppose the police begin to listen in on and record the statements of suspected drug dealers without first getting a warrant. Definition of fruit of the poisonous tree in the idioms dictionary.