Supreme Court: Suppressing fruit since 1920
April 13, 2011 5:16 AM Subscribe
Fruit of the poisonous tree
posted by AndrewKemendo (26 comments total)
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is a legal term used to describe illegally gained evidence. The logic of the terminology is that if the source of the evidence is tainted, then anything gained from it is as well.
For the uninitiated, such terms used as described make for odd introductions to supreme court arguments (PDF warning)MS. SCHWARZ:
...Instead of suppressing the poisonous fruit of the illegal car stop, the DMV records, the New York Court of Appeals chose to create a new categorical rule that prevents application of the exclusionary rule whenever the police act in violation of Prouse.
Was -- was -- was the poisonous fruit the DMV records, or was the poisonous fruit the fact that this person who is contained in the records was the one driving the car?