Essay on Fruit of the Poisonous Tree Doctrine or the Derivative Evidence Rule
Looking for an essay on fruit of poisonous tree doctrine? In writing an essay on fruit of poisonous tree doctrine, you need to explain that the Fourth Amendment protects the right to privacy of individuals that it renders inadmissible all evidence seized in the absence of a lawful search warrant.
What if, as a result of the illegal act of the police officer, the suspect reveals to the police officer certain information which led them to obtain evidence against the defendant. In this case, the police offices obtained the evidence from the defendant himself. Should the evidence be admitted?
No. Under the Poisonous Tree Doctrine or the Derivative Evidence Rule, if it is shown that the primary evidence is obtained because of violation of the Fourth Amendment or it is obtained illegally (the tree), any other secondary or derivative evidence (the fruits) derived from the illegal act is also inadmissible.
In writing an essay on fruit of poisonous tree, you need to explain that the purpose behind is to ensure compliance with the law by the police officers. Any evidence illegally obtained should not be used to gain other evidence. Since the evidence was obtained illegally all other subsequently obtained evidence is tainted as a result of the illegal act.
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