If you have been arrested and the police have gathered evidence against you, the fruit of the poisonous tree is a legal doctrine you will want to understand. There are some cases when it can be used as part of your defense.
Specifically, this doctrine addresses the evidence that the police have obtained. Only certain types of evidence are permissible in court. If you can have certain evidence excluded or set aside, it may weaken the prosecution’s case against you.
Illegally gathered evidence
The fruit of the poisonous tree doctrine states that evidence that has been illegally gathered cannot be used in a criminal case. If there are issues with police procedures or if they have broken the law and violated your rights, even if the evidence would otherwise lead to a conviction, it may not be used against you.
For example, say that the police are investigating you for manufacturing illegal drugs on your property. They come to the house to conduct a search, but they do not have a search warrant, and you refuse to give them consent to come inside. Convinced they are going to find evidence, the police force their way in anyway.
This is a violation of your rights as a property owner, and the police are carrying out an illegal search. Even if they find evidence that you have been manufacturing or selling illegal substances, they may not be able to bring it to trial because they did not take the correct steps to secure a search warrant first.
This is just one example of how mistakes that the police make can dramatically affect a criminal case. Take the time to carefully consider all of your legal options when facing charges.