05.07.2021 | History

5 edition of Fruit of the Poison Tree found in the catalog.

Fruit of the Poison Tree

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Published by Administrator in Perpetuity Publishing, LLC

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  • United States
    • Subjects:
    • Perpetuity Publishing, LLC


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      • nodata

        StatementPerpetuity Publishing, LLC
        PublishersPerpetuity Publishing, LLC
        Classifications
        LC Classifications2020
        The Physical Object
        Paginationxvi, 74 p. :
        Number of Pages68
        ID Numbers
        ISBN 10nodata
        Series
        1nodata
        2
        3

        nodata File Size: 8MB.


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Fruit of the Poison Tree by Perpetuity Publishing, LLC Download PDF EPUB FB2


Fruit of the Poisonous Tree

The "fruit of the poisonous tree" doctrine is an offspring of the. The same morning, Yee and Toy were taken to the office of the Bureau of Narcotics. Also suppose that before the original charges are dismissed, the police officers ask a magistrate or judge for a warrant to search the home of the driver. On appeal, the Supreme Court reversed the contempt judgment. This violation is the only reason the officer conducts the search; nothing indicates that the driver is impaired by drugs or alcohol, and no other circumstances would lead a reasonable officer to believe that the car contains evidence of a crime.

The Court did not reverse Sun's conviction. The driver is subsequently charged with possession of a controlled substance and chooses to go to trial.

Fruit of the Poisonous Tree

In reversing Nardone's convictions, the Court stated that once a defendant has established that evidence was illegally seized, the trial court "must give opportunity, however closely confined, to the accused to prove that a substantial portion of the case against him was a fruit of the poisonous tree. The government offered Yee as its principal witness, but Yee recanted his statement to Agent William Wong and invoked his right against.

" Silverthorne concerned only evidence gained in the first illegal search or seizure, but the wording of the opinion paved the way for the exclusion of evidence gained in sub-sequent searches and seizures.

The Court went on to hold that Sun's written statements about Toy should also have been excluded asand the Court ultimately overturned Toy's conviction. The question was whether the four items in evidence against Sun and Toy were admissible despite the illegality of the arrests. The agents left and located the house on Eleventh Avenue. All were released without bail.

Assume further that the officer finds a small amount of marijuana in the vehicle. The Court, in deference to Nardone, stated, "We need not hold that all evidence is 'fruit of the poisonous tree. The Supreme Court first hinted at the fruit of the poisonous tree doctrine in Silverthorne Lumber Co. The heroin in Yee's possession was admissible at trial, as was Sun's own statement.

Although the agents had been watching Way for six weeks, they did not have a warrant for his arrest. With only four items in evidence, Sun and Toy were convicted by the court in a bench trial. Furthermore, Toy's flight did not give Fruit of the Poison Tree officers probable cause to arrest Toy: Agent Alton Wong had first posed as a customer, and this made Toy's flight ambiguous and not necessarily the product of a guilty mind.

The government appealed to the U. In Wong Sun, a number of federal narcotics agents had arrested Hom Way in San Francisco at 2:00 A. While in custody there, Yee stated that he had gotten the heroin about four days earlier from Toy and another person he knew as "Sea Dog. Again without a warrant, Wong and the other agents broke open the door, followed Toy, and arrested him.