Fruit of the Poisonous Tree

What Is "Fruit of the Poisonous Tree"?



This post is far from the first time we have addressed issues such as search warrants, the gathering of evidence, and the admissibility of evidence on this blog, and it will almost certainly not be the last.

Evidentiary issues are crucial at all stages of a criminal case. The "fruit of the poisonous tree" doctrine can make or break some cases, turning a potential conviction into dismissed charges or an acquittal.

"Fruit of the poisonous tree" refers to any evidence obtained during an illegal police search. Courts can refuse to admit such evidence and any evidence that was legally obtained but derived from an illegal search.

The evidence - or fruit - gets tainted due to law enforcement taking illegal action. Unless there is consent to enter, officers must have a search warrant to search someone's home. If officers conduct an unlawful search, the evidence they gather is not admissible in court. Furthermore, if something they encounter during the search starts them down a new investigatory path, evidence discovered along the way may also be considered the "fruit of the poisonous tree." Long story short, one failure to uphold their duties and obligations under the law can damage their entire criminal case.

The worst thing you can do is welcome investigators into your home. Instead, make them come back with a warrant. In the meantime, save
your talking for an experienced criminal defense attorney.



Suppose you are currently the subject of an investigation or facing criminal charges. In that case, the tenacious defense lawyers at Cohen Law Offices can ensure your defense is not damaged by the fruit of the
poisonous tree. Call (715) 382-9447 or contact us online to get started.