fruit of the poisonous tree


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  • noun

Words related to fruit of the poisonous tree

a rule that once primary evidence is determined to have been illegally obtained any secondary evidence following from it may also not be used

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References in periodicals archive ?
139) But as a constitutional violation occurred here, Fellers should receive greater protection under the fruit of the poisonous tree doctrine than was provided in Elstad.
If so, the ultimate confession was subject to suppression as the "tainted fruit of the poisonous tree.
1285 (1985), the Supreme Court similarly held that a second statement obtained from a custodial suspect following one taken in violation of Miranda is not necessarily a fruit of the poisonous tree and may be used at trial.
Elstad,(11) the Supreme Court similarly held that a second statement obtained from a custodial suspect following one taken, in violation of Miranda is not necessarily a fruit of the poisonous tree and may be used at trial.
He argued that the second statement was the tainted fruit of the poisonous tree, because his prior unwarned statement exerted a coercive impact on his later admissions and that the Miranda warnings did not purge that taint.