Fruit of The Poisonous Tree

Fruit of the poisonous tree is a legal metaphor in the United States used to describe evidence that is obtained illegally. 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 tainted as well. The term fruit of the poisonous tree was first used in Nardone v. United States in the opinion by Justice Felix Frankfurter.

Such evidence is not generally admissible in court. 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 a crime came 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 four main exceptions. The tainted evidence is admissible if:

  1. it was discovered in part as a result of an independent, untainted source; or
  2. it would inevitably have been discovered despite the tainted source; or
  3. the chain of causation between the illegal action and the tainted evidence is too attenuated; or
  4. the search warrant not based on probable cause was executed by government agents in good faith (called the good faith exception).

The fruit of the poisonous tree doctrine stems from the 1920 case of Silverthorne Lumber Co. v. United States.

Famous quotes containing the words fruit of the, fruit of, fruit, poisonous and/or tree:

    There does not exist a category of science to which one can give the name applied science. There are science and the applications of science, bound together as the fruit of the tree which bears it.
    Louis Pasteur (1822–1895)

    The fruit of the righteous is a tree of life, but violence takes lives away.
    Bible: Hebrew, Proverbs 11:30.

    Industriousness and conscientiousness are often at odds, because industriousness wants to pick the still sour fruit from the tree, while conscientiousness lets it hang there too long, until it falls and bruises.
    Friedrich Nietzsche (1844–1900)

    Puritanism, in whatever expression, is a poisonous germ. On the surface everything may look strong and vigorous; yet the poison works its way persistently, until the entire fabric is doomed.
    Emma Goldman (1869–1940)

    The fruit of the righteous is a tree of life, but violence takes lives away.
    Bible: Hebrew, Proverbs 11:30.