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:
- it was discovered in part as a result of an independent, untainted source; or
- 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; or
- 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, fruit, poisonous and/or tree:
“The fruit of the righteous is a tree of life, but violence takes lives away.”
—Bible: Hebrew, Proverbs 11:30.
“Some say that happiness is not good for mortals, & they ought to be answered that sorrow is not fit for immortals & is utterly useless to any one; a blight never does good to a tree, & if a blight kill not a tree but it still bear fruit, let none say that the fruit was in consequence of the blight.”
—William Blake (17571827)
“O sovereign mistress of true melancholy,
The poisonous damp of night disponge upon me,
That life, a very rebel to my will,
May hang no longer on me. Throw my heart
Against the flint and hardness of my fault,
Which, being dried with grief, will break to powder
And finish all foul thoughts. O Antony,
Nobler than my revolt is infamous,
Forgive me in thine own particular,
But let the world rank me in register
A master-leaver and a fugitive.”
—William Shakespeare (15641616)
“The wind had seized the tree and ha, and ha,
It held the shivering, the shaken limbs,
Then bathed its body in the leaping lake.”
—Wallace Stevens (18791955)