TAINTED FRUIT OF THE POISONOUS TREE

• NCJ Number: 36173
• Journal: Case and Comment Volume: 81 Issue: 4 Dated: (JULY-AUGUST 1976) Pages: 3-8,10-12 AND 14-15
• Author(s): F L BAILEY; J J MARTICELLI; H B ROTHBLATT
• Date Published: 1976
• Length: 11 pages
• Corporate Author: Lawyers Co-Operative Publishing Co
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

EXAMINATION OF SUPREME COURT DECISIONS ESTABLISHING AND LIMITING THE FRUITS OF THE POISONOUS TREE DOCTRINE WHICH PROHIBITS USE OF ILLEGALLY OBTAINED EVIDENCE IN CRIMINAL INVESTIGATIONS AS WELL AS IN CRIMINAL PROSECUTIONS.

Abstract

SPECIFIC APPLICATIONS OF THE RULE TO INFORMATION GAINED THROUGH ILLEGAL WIRETAPS, CONFESSIONS INDUCED BY ILLEGALLY OBTAINED INFORMATION AND BARRING TAINTED EVIDENCE FROM PRESENTATION AT PRELIMINARY HEARINGS ARE REVIEWED. REQUIREMENTS FOR INVOKING THE EXCLUSIONARY RULE AND PRACTIE AND PROCEDURE FOR CHALLENGING THE ADMISSIBILITY OF EVIDENCE ARE ALSO DISCUSSED.