The legal term “Fruit of the Poisonous Tree” has been making its rounds in courthouses as of late and may leave the untrained reader a bit confused. Put simply, it is an appeal or claim of evidence or evidence-based statements stemming from an illegally obtained source. The term comes from a doctrine originating in the U.S. Supreme Court decision of Silverthorne v United States in 1920.
Basically, the doctrine states that any evidence that is procured as a result of an unconstitutional search or seizure is itself inadmissible in court. For example, if an individual’s home were to be illegally searched and an incriminating letter were to be discovered; the letter itself would not be allowed as evidence. In this case, the letter would be considered the “Fruit of the Poisonous Tree.”
A Recent Example of ‘Fruit of the Poisonous Tree’
In a recent criminal case,officers in Detroit, MI, held a suspect in custody for longer than legally allowed. As a result, the criminal defense was able to argue for the suppression of any evidence that the suspect gave to the police after the lengthy illegal detention. The evidence was considered the “Fruit of the Poisonous Tree” and was not to be presented in court.
Using the Fruit of the Poisonous Tree to Your Advantage
Understanding the implications of the “Fruit of the Poisonous Tree” doctrine can be beneficial in a variety of criminal defense situations. Any evidence that is found to be in violation of the Fourth Amendment (unlawful search and seizure) can be suppressed. As a result, any evidence stemming from this constitutional violation can also be suppressed.
For those facing criminal prosecution, it is important to consult an experienced criminal defense attorney that can speak to the specifics of their case. Knowing how to successfully exclude evidence and how to challenge unconstitutional search and seizure procedures is a key component in fighting criminal charges.