Fruit of the Poisonous Tree
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The principle that prohibits the use of secondary evidence in trial that was culled directly from primary evidence derived from an ...
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No DOCTRINE in constitutional ...
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Fruit of the poisonous tree; warrantless search; motion to suppress; findings of fact; exclusionary rule; exigent circumstances; destruction of evidence; illegal entry; independent source; reckless disregard for the truth.
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In a December 13, 2007, decision, the Federal Labor Court opined on how to treat information that an employer had obtained illegally as part of a wron...
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The justices of the U.S. Supreme Court seemed unwilling to hold that motor vehicle records obtained as a direct result of an illegal stop should be excluded from evidence as fruit of the poisonous tree.
The case of Tolentino v. New York stems from a police stop of Jose Tolentino for driving a car that was playing music too loudly. The officer checked Tolentino's driver's license and discovered it had been repeatedly suspended. Tolentino was arrested and charged with aggravated operation of a motor vehicle without a license.
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Included on Wolfdog's hit list with Cole and other narco bigwigs was Davis, whom the officials described in court papers as "a well known city trafficker." Krinsky argued to the judge that the detectives' ruse effectively deceived Gordon into - waiving his Miranda rights and, as such, his statements and videotaped confession should be thrown out as "fruit of the poisonous tree.
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The U.S. Supreme Court will not decide whether motor vehicle records obtained in the course of an illegal traffic stop should be suppressed as "fruit of the poisonous tree.
Last year, the Court granted certiorari in Tolentino v. New York to address whether evidence that a driver had a suspended license should have been suppressed because it came to light as the result of a records check conducted by police following an illegal stop for "loud" music.
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Criminal Law: Seizure - Suppression Order - Bus Cargo
Where an officer assigned to detect criminal activity at a bus station removed a passenger's bag from the cargo area of a bus to the passenger area to locate its owner, the removal was not at the direction of the bus company, which had custody of the bag, but at the direction of the officer, so the removal was a seizure, and the seizure was a violation of the defendant's Fourth Amendment rights because it was made without reasonable suspicion, so the district court properly suppressed the evidence of illegal drugs in the bag as well as other evidence under the "fruit-of-the-poisonous-tree" doctrine.
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MOTION TO SUPPRESS; FOURTH AMENDMENT; PAT-DOWN; “FRUIT OF THE POISONOUS TREE”
... cocaine on Evans must also be suppressed as fruit of the poisonous tree under Wong Sun v. United Sta...
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... the line of using evidence that is the fruit of the poisonous tree?. CAPRONI: Let me address b...