poisonous tree doctrine

poisonous tree doctrine
Doctrine refers to an illegal arrest or search which leads officers to evidence seized in a proper manner that may be inadmissible because of the taint of the original illegality. Com. v. Spofford, 343 Mass. 703, 180 N.E.2d 673.
Sometimes also referred to as "fruit of poisonous tree doctrine (q.v.)

Black's law dictionary. . 1990.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • fruit of the poisonous tree doctrine — n. The principle that evidence obtained for a criminal trial through an illegal search or illegal interrogation of a witness is tainted and therefore inadmissible against the defendant because it violates the guarantee of due process. The… …   Law dictionary

  • Fruit of the poisonous tree doctrine — Nardone gegen USA Entschieden 11. Dezember 1939 Rubrum: Frank C. Nardone et al …   Deutsch Wikipedia

  • Fruit of the poisonous tree — is a legal metaphor in the United States used to describe evidence gathered with the aid of information obtained illegally. [cite book |title=Understanding Criminal Procedure |last=Dressler |first=Joshua |authorlink= |coauthors= |year=2002… …   Wikipedia

  • fruit of the poisonous tree — 1: a doctrine of evidence: evidence that is derived from or gathered during an illegal action (as an unlawful search) cannot be admitted into court 2: evidence that is inadmissible under an evidentiary exclusionary rule because it was derived… …   Law dictionary

  • Clean path doctrine — Nardone gegen USA Entschieden 11. Dezember 1939 Rubrum: Frank C. Nardone et al …   Deutsch Wikipedia

  • Miranda warning — The Miranda warning (also referred to as Miranda rights) is a warning that is required to be given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to inform them …   Wikipedia

  • search — consists of looking for or seeking out that which is otherwise concealed from view. People v. Carlson, Colo., 677 P.2d 310, 316. An examination of a person s house or other buildings or premises, or of his person, or of his vehicle, aircraft, etc …   Black's law dictionary

  • exclusionary rule — n: any of various rules that exclude or suppress evidence; specif: a rule of evidence that excludes or suppresses evidence obtained in violation of a defendant s constitutional rights see also fruit of the poisonous tree, good faith exception,… …   Law dictionary

  • fruit — The produce of a tree or plant which contains the seed or is used for food. The edible reproductive body of a seed plant. The effect or consequence of an act or operation. @ civil fruits In the civil law (fructus civiles) are such things as the… …   Black's law dictionary

  • fruit — The produce of a tree or plant which contains the seed or is used for food. The edible reproductive body of a seed plant. The effect or consequence of an act or operation. @ civil fruits In the civil law (fructus civiles) are such things as the… …   Black's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”