Criminal Procedure: Exclusionary Rule: Fruit of the Poisonous Tree Doctrine

Fruit of the poisonous tree doctrine:
  • Illegally seized evidence will be excluded
  • along with evidence which was obtained or derived
  • from police illegality
Breaking the chain between unlawful police actions and some supposedly illegally derived pieces of evidence: Government can show:
  • Inevitable discovery
  • Independent source
  • Intervening acts of free will on the part of D
If original police illegality was a Miranda violation: FoPT does not apply.