Fruit of the poisonous tree
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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.[1] The logic of the terminology is that if the source of the evidence (the "tree") is tainted, then anything gained from it (the "fruit") is as well.
Such evidence is not generally admissible in court.[2] For example, if a police officer conducted an unconstitutional (Fourth Amendment) search of a home and obtained a key to a train station locker, and evidence of crime from the locker, that evidence would most likely be excluded under the fruit of the poisonous tree doctrine. The discovery of a witness is not evidence in itself because the witness is attenuated by separate interviews, in-court testimony and his or her own statements.
The doctrine is an extension of the exclusionary rule, which, subject to some exceptions, prevents evidence obtained in violation of the Fourth Amendment from being admitted in a criminal trial. Like the exclusionary rule, the fruit of the poisonous tree doctrine is intended to deter police from using illegal means to obtain evidence.
The doctrine is subject to three main exceptions. The tainted evidence is admissible if:
- it was discovered in part as a result of an independent, untainted source;
- it would inevitably have been discovered despite the tainted source; or
- the chain of causation between the illegal action and the tainted evidence is too attenuated.
The Fruit of the Poisonous Tree doctrine stems from the 1920 case of Silverthorne Lumber Co. v. United States.[3]
The phrase "Fruit of the Poisonous Tree" is derived from the Gospel of Matthew,
Even so every good tree bringeth forth good fruit; but a corrupt tree bringeth forth evil fruit. A good tree cannot bring forth evil fruit, neither [can] a corrupt tree bring forth good fruit. Every tree that bringeth not forth good fruit is hewn down, and cast into the fire. Wherefore by their fruits ye shall know them. Matthew 7:17-20.
[edit] Notes
- ^ Dressler, Joshua (2002). Understanding Criminal Procedure (3rd edition ed.). Newark, NJ: LexisNexis. ISBN 0820554057.
- ^ Gaines, Larry; Miller, LeRoy (2006). Criminal Justice In Action: The Core. Belmont, CA: Thomson/Wadsworth. ISBN 0495003050.
- ^ See also Bransdorfer, Mark S. (1987). "Miranda Right-to-Counsel Violations and the Fruit of the Poisonous Tree Doctrine". Indiana Law Journal 62: 1061. ISSN 00196665.
