Criminal Procedure PE

RUNNING HEAD : CRIMINAL PROCEDURE PE

CRIMINAL PROCEDURE PE

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7th , August , 2010

The Fruit of the Poisonous Tree Doctrine

The Fruit of the Poisonous Tree is a metaphorical term used to refer to any kind evidence that has been wrongfully or illegally been gathered The tree in this case represents the source from which evidence may have been obtained while the fruit represents what comes out from this evidence . If such evidence is obtained , then it cannot be accepted in a

court of law . This doctrine is effective in ensuring that police officers do not obtain evidence using any illegal means . Illegal means could in this case be during the conduction of unwarranted searches illegal arrests or during a coercive cross-examination . Basically , this doctrine draws the line between what evidence can or cannot be presented to court during a trial (Dressler , 2002

According to Bransdorfer (1987 ) a number of exceptions have been made in interpreting this evidence meaning that obtained evidence can be accepted in court under certain conditions which include

If the conducted search was done by government officers without any ill intentions if done in very good faith

If the evidence would have inevitably been found even in different circumstances

If the evidence was obtained during an independent or different undertaking

If the existing connection between the obtained evidence and the illegal action used to obtain it is deemed as being excessively attenuated

Open Fields Doctrine

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