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Shambasiv (n/a)     20 September 2007

Fruit of the Poisonous Tree?

What is meant by the maxim ""fruit of the poisonous tree""


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 2 Replies

Shambasiv (n/a)     20 September 2007

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Fruit of the Poisonous Tree


The principle that proscribes the use of evidence directly derived from an illegal search and seizure.

The ""fruit of the poisonous tree"" doctrine is an offspring of the exclusionary rule. The exclusionary rule mandates that evidence obtained from an illegal arrest, unreasonable search, or coercive interrogation must be excluded from trial. Under the fruit of the poisonous tree doctrine, evidence is also excluded from trial if it was gained through evidence uncovered in an illegal arrest, unreasonable search, or coercive interrogation. Like the exclusionary rule, the fruit of the poisonous tree doctrine was established primarily to deter law enforcement from violating rights against unreasonable searches and seizures.

SanjayVarun (n/a)     25 October 2007

When the tree itself is poisonous, so shall be its fruits. Can be applied anywhere, viz., when contract is itself void, the benefits reaped from that contract shall be void.

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