When facing criminal charges, it is important to understand the various legal doctrines that can impact your case. One of these is known as the fruit of the poisonous tree.
This doctrine often refers to police procedures, especially as they obtain evidence. When the police do not follow the correct procedures or violate a person’s rights, this is said to poison the “tree.” The evidence is considered the “fruit” of that tree, and it is subsequently poisoned by the illegal actions that led to it.
Often, this means that tainted evidence cannot be used in court. That evidence may have led to a conviction, but if the defendant can have it excluded, it can significantly weaken the case against them.
Carrying out an illegal search
There are many examples of how the fruit of the poisonous tree can apply, but one is when the police conduct an illegal search of someone’s property.
For instance, perhaps the police do not have consent to search a person’s home, and they have not obtained a search warrant. However, they still carry out the search, and they find evidence of criminal wrongdoing in that person’s house.
Under ordinary circumstances, the evidence may have convicted the homeowner. But because the search was illegal, this tainted the evidence. Police may not be able to bring it to court, and they may not have any other evidence against that individual. They have essentially undermined their own case.
Details like this can significantly change how you approach your legal defense options. Be sure you know exactly what steps to take when facing any type of criminal charges.