Description
Explain what constitutes an unreasonable search or seizure. Use examples to support your response. Explain how the exclusionary rule and fruit of the poisonous tree apply.
Explanation & Answer
Thank you for the opportunity to help you with your question!
The Exclusionary Rule
is available to a Defendant in a criminal case as a remedy for illegal
searches that violate the rights set forth in the Fourth Amendment.
When applicable, the rule dictates that the evidence illegally obtained
must be excluded as evidence under the Fourth Amendment. One important corollary to the Exclusionary
Rule is the “fruit of the poisonous tree” doctrine. This
rule holds that, in addition to the material uncovered during the illegal
search being inadmissible, any evidence that is later gathered as an
indirect result of the illegal search will also be excluded.
EXAMPLE (1) The police illegally search D’s car and find drugs. The drugs will be excluded as evidence in the case against D in accordance with the Exclusionary Rule.
EXAMPLE (2) The police conduct an illegal search of D’s home and find a map showing the location of a well-hidden, remotely located outdoor marijuana field. The police go to the field and seize the marijuana. Under the doctrine of "fruit of the poisonous tree," the marijuana will be excluded as evidence in the case against D as it stemmed directly from an illegal search.
There are two important exceptions to the “fruit of the poisonous tree” doctrine:
- If the police had an independent source of knowledge of the evidence aside from the fruits of the illegal search, then the doctrine will not exclude the discovered evidence.
- If discovery of the evidence was "inevitable", the evidence may be admitted, as it was not then the illegal search that caused the evidence to be found. “Inevitable” is a strong word, and in order to admit evidence under this exception, a court must find that police would have discovered the evidence whether or not they conducted the unreasonable search.
Please let me know if you need any clarification. I'm always happy to answer your questions.
Review
Review
24/7 Homework Help
Stuck on a homework question? Our verified tutors can answer all questions, from basic math to advanced rocket science!
Similar Content
Related Tags
The Turn of the Screw
by Henry James
The Joy Luck Club
by Amy Tan
The Remains Of The Day
by Kazuo Ishiguro
Dr Jekyll And Mr Hyde
by Robert Louis Stevenson
Twilight
by Stephenie Meyer
The Second Sex
by Simone de Beauvoir
Cry the Beloved Country
by Alan Paton
The Hunger Games
by Suzanne Collins
Of Mice and Men
by John Steinbeck