Fruit of the poisonous tree
Definition
A US doctrine extending the exclusionary rule: not only is unlawfully obtained evidence itself excluded, but any further evidence discovered as a result of that unlawful search is also excluded. The original unlawful act 'poisons' all evidence derived from it, unless an exception such as independent source or inevitable discovery applies.
Related terms
- Chain of custody
- The documented chronological record of who collected, handled, transferred, and examined a piece of evidence. For digital evidence, chain of custody includes...
- Exclusionary rule
- A rule that evidence obtained in violation of constitutional or statutory search-and-seizure requirements cannot be used at trial. Applied strictly and automatically...
- Plain-view doctrine
- A rule permitting an officer who is lawfully present in a location to seize evidence whose incriminating character is immediately apparent, without...
- Probable cause / reasonable grounds
- The standard of suspicion required before a warrant may issue or a warrantless search may occur. In US law, probable cause requires...
- Search warrant
- A judicial order authorising officers to enter and search a specified place and seize specified items. In most systems it must describe...
Explained in
- Search, Seizure and the Forensic ExhibitA US doctrine extending the exclusionary rule: not only is unlawfully obtained evidence itself excluded, but any further evidence discovered as a result of tha...