Summary: The Term Fruit Of The Poisonous Tree

When evidence is found initially during or a s consequence of an illegal search or

“I vowed revenge.” (Poe 1) Revenge plays one of the biggest roles in The Cask of Amontillado and A Poison Tree. Edgar Allen Poe is the author of The Cask Of Amontillado, and William Blake is the poet who wrote A Poison Tree. The authors Poe and Blake use conflict and setting to convey the theme that suppressed anger sometimes induces revenge which can result in explosive violence.

The poem, “A Poison Tree,” by William Blake, and the short story, “Enemies, by Tim O’Brien share a theme that suppressing anger and wrath may lead to a violent result. One can learn this theme through the poem’s first person point of view and the story’s omniscient narrator.

Evidence that is illegally obtained cannot be used in a criminal trial and officers must have a valid warrant before conducting searches or seizing evidence (Weeks v. U.S., 1914).

The defendant moved to suppress the cocaine and inculpatory statements in District Court. Suppression was granted as a fruit of the poisonous tree under the exclusionary rule. The Court of Appeals upheld the motion with the claim that private security officers were 'state actors'. The Supreme Court upheld that the

Forensic evidence plays a huge role in most criminal cases. After the Daubert trial, forensic scientific evidence was reevaluated in criminal and civil cases. Scientific and forensic types of evidence can be extremely helpful in proving the case. It can help identify the suspect in a criminal case. That will help put a criminal in prison. There are many different types of forensic evidence that can be considered as scientific evidence. The different types include DNA matching, fingerprint identification, and hair evidence. The methods used to show these types of evidence are usually beyond the scope of knowledge that judges and juries know. Those types of forensic evidence are usually introduced as scientific evidence. Scientific evidence can sometimes be omitted from a courtroom or

The expression ‘fruit of the poisonous tree’ is a set term in Anglo-American common law. It stands in the context of unlawful investigations, searches and seizures and the question of whether ‘neutral’ information can be admissible in court preceding.

Many different drugs such as street drugs are mixed with a lot of simple household items, such as sugar, starch or quinine. The forensic scientist must be able to tell the difference between the substances. Many court cases that involve drugs rely exclusively on the forensic scientists findings. They must be able to prove that the substance found was actually a drug and not say a package of sugar or another legal

This happens when initial evidence is found without a valid warrant. On the other hand, the fruit of the poisonous tree would be once illegal evidenced is seized, additional information is collected based on the original evidenced collected. The fruit of the poisonous tree doctrine is the aftermath of not catching the mistake of the investigating officers. To better understand the two, an example would be a cellphone being seized and search. The exclusionary rule would apply to this. However, if there are messages that lead to a drug bust or trafficking then this would be the fruit of the illegally seized cellphone. At the end of the day, all evidence would be inadmissible in court.

One example of probable cause is one of the major cases that I keep coming across is Carroll v. United States. The Federal prohibition agents, who were undercover working a case to purchase illegal liquor from Carroll, saw he and a coconspirator leave to buy liquor but due to the supplier being unavailable, the transaction failed. The undercover agents watched for the vehicle description of the car that Carroll had used to move the illegal liquor. A week after the agents observed Carroll and his coconspirator on a roadway that is notorious for smuggling the illegal liquor. When the

Physical evidence/scientific examinations is the evidence found at the scene of the crime. This can include clothing, blood, fingerprints, weapons and much more. An example of physical evidence could be any listed above but also a bloody knife or a casing from a bullet.

United States, narcotic agents unlawfully entered Toy’s laundry and Toy indicated that Yee was selling narcotics. The agents found Yee along with drugs and he made a deal to give up the supplier Wong Sun. The agents were able to arrest Wong Sun and he voluntarily returned to the police station to make a statement. At Yee’s trial it was found that the drugs were excluded as part of the fruit of the poisonous tree because the search was done without a warrant. Wong Sun’s lawyer argued that his confession should be excluded as well, but an exception was found because he voluntarily returned to the station to make a statement (Kessler, 2010).

“Physical evidence cannot be wrong; it cannot perjure itself; it cannot be wholly absent. Only its interpretation can err. Only human failure to find it, study and understand it can diminish its value.”  (Harris vs. United States, 1947).

There are many tangible circumstances that tend to prove or disprove some facts in all criminal or civil cases. Under rule 41(b) “A warrant may be issued under this rule to search for and seize any (1) property that constitutes evidence of the commission of a criminal offenses; or (2) contraband, the fruits of a crime, or things otherwise criminally possessed; or (3) property designed or intended for use or which is or has been used as the means of committing a criminal offense; or (4) person for whose arrest there is probable cause, or who is unlawfully restrained” (John N. Ferdico, 1999). Evidence is one of the single most important pieces of a criminal trial. It is used to determine a defendant’s guilt or innocence.

Evidence plays a major role usually in trail of a case. Several types of evidence can be used. Evidence can be divided into two categories – Testimonial evidence and Physical evidence. Physical evidence is one type of such evidence; this evidence can be brought to court room for observation during trails. This is the most important evidence. Physical evidence is also known as real evidence, they consist tangible article from tiny microscopic to macroscopic evidence from large building to molecules in air. It can be in solid, gas or liquid form. Advances in forensic science have increased the use of physical evidence