Origin 1920, in Silverthorne Lumber Co. v. United States; the metaphor itself coined in 1939, in Nardone v. United States.
Fruit of the poisonous tree is a doctrine of United States criminal procedure under which evidence derived from an unconstitutional search, seizure, interrogation or other illegal act is generally inadmissible against a defendant, on the reasoning that if the source of the evidence, the tree, is tainted, then anything gained from it, the fruit, is tainted as well. First articulated in Silverthorne Lumber Co. v. United States (1920) and named in Justice Felix Frankfurter's opinion in Nardone v. United States (1939), the doctrine extends the Fourth Amendment's exclusionary rule to secondary evidence, subject to established exceptions such as independent source, inevitable discovery and attenuation. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/
Facts
Origin Period1920, in Silverthorne Lumber Co. v. United States; the metaphor itself coined in 1939, in Nardone v. United States. 1 Core PrincipleIf the source of evidence is tainted by an illegal search, seizure or interrogation, then anything derived from that tainted source is likewise inadmissible, unless an exception such as independent source, inevitable discovery or attenuation applies. 1 Origin Period
Origin Period (category)20th Century (1900-1999) 1 Classification
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Source Fruit of the Poisonous Tree (Wikipedia)
Sources
1. Fruit of the Poisonous Tree (Wikipedia)
WikipediaLead section
If the source (the 'tree') of the evidence or evidence itself is tainted, then anything gained (the 'fruit') from it is tainted as well.
- a legal metaphor used to describe evidence that is obtained illegally
- In Legal System: Law of the United States
In Group: Search, Evidence and Exclusion Doctrines, Introduction, sentence 1
"Fruit of the poisonous tree" is a legal metaphor used to describe evidence that is obtained illegally.
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