Question

What is the “fruit of the poisonous tree” doctrine and how does it affect the exclusionary rule?

Answer 1

Note: This response is in UK English, please paste the response to MS Word and you should be able to spot discrepancies easily. You may elaborate on the answer based on personal views or your classwork if necessary.

(Answer) When a law enforcement officer does not follow court procedures or applies illegal methods to acquire evidence against the defendant, it is known as “the fruit of the poisonous tree.” This is when the fruit (evidence) is obtained from a poisonous tree (illegal methods.) Therefore, an officer would have to follow certain procedures in order to ensure that the defendant is brought to justice in a legal manner.

For instance, a ‘search and seizure’ is when a law enforcement officer would typically search the premise that belongs to a perpetrator, alleged criminal or convict. This is done in order to collect evidence or illegal goods that the individual is thought to possess. Furthermore, this can be done for investigative purposes if the officer feels that evidence might be found that would help a case be justified optimally.

In order to be able to search and seize a person, premise or personal effects, a law enforcement officer would have to follow a few laws and procedures. These procedures entail a legal warrant to search the place. This warrant is acquired based on a probable cause which has to be supported by a substantial oath or affirmation that the search is justified for the case. Also, a description of the place, person and/or things in pursuit would be an essential part of the affirmation.

Similarly, the exclusionary rule is one that is complementary with the “fruit of the poisonous tree.” The exclusionary rule suggests that any and all evidence collected by committing a violation of the rights of the defendant, cannot be administered in court. This simply means that the court does not allow the “fruit of the poisonous tree” to be legal evidence in court.

The purpose of these standing requirements is that a person is innocent until proven guilty. If the suspect is still innocent, they would technically have the same rights as other normal citizens. Since they have their rights, it would be against the law to disrupt their privacy and rights. In order to protect these rights of the citizens, it is essential that the law enforcement officers should follow a few rules before a search and seizure of a place. If this procedure is not duly followed, the evidence acquired would not be permissible in court under the “fruit of the poisonous tree” doctrine.