Which doctrine holds that illegally seized evidence can be introduced at trial if the poisonous?

A doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained. 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. v. United States, and the phrase "fruit of the poisonous tree" was coined by Justice Frankfurter in his 1939 opinion in Nardone v. United States.

Like the exclusionary rule itself, this doctrine is subject to three important exceptions. The evidence will not be excluded:

  1. if it was discovered from a source independent of the illegal activity;
  2. its discovery was inevitable;
  3. or if there is attenuation between the illegal activity and the discovery of the evidence.

Further, if the primary evidence was illegally obtained, but admissible under the good faith exception, its derivatives (or "fruit") may also be admissible.

  • wex
    • CIVICS
    • the Constitution
    • government
    • THE LEGAL PROCESS
    • courts
    • criminal law
    • criminal procedure
    • evidence
    • civil procedure
    • wex definitions

  • Keywords
    • criminal law
    • evidence
    • EVIDENCE LAW
    • criminal law and criminal procedure

Which doctrine holds that illegally seized evidence can be introduced at trial quizlet?

the exclusionary rule applies to the states through the Fourteenth Amendment due process clause. Which doctrine holds that illegally seized evidence can be introduced at trial if the officials would have found the evidence anyway? The Supreme Court's decision in Weeks v.

What is the doctrine of poisonous tree explain?

FRUITS OF THE POISONOUS TREE DOCTRINE: Otherwise known as the exclusionary rule or the fruit of the poisonous tree doctrine, this constitutional provision originated from Stonehill v. Diokno. This rule prohibits the issuance of general warrants that encourage law enforcers to go on fishing expeditions.

What is the silver platter doctrine?

United States, the Court outlawed what had come to be known as the “silver platter” doctrine, which allowed evidence that state and local police had unconstitutionally seized to be handed over for use in federal criminal trials, when the police acted independently of federal agents.

Is the fruit of the poisonous tree doctrine?

The fruit of the poisonous tree doctrine prevents the prosecution from admitting certain evidence into a criminal case after it has been tainted by a primary illegality. This doctrine is meant to remove illegally-acquired evidence from negatively impacting a criminal defendant.