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'''Fruit of the poisonous tree''' is a legal theory in the [[United States]] that makes illegally obtained evidence, as well as subsequent evidence legally obtained if discovered solely as a result of the illegally obtained evidence, inadmissible in a [[court]] of [[law]].  This theory is a rational for applying the [[exclusionary rule]] to a certain piece of evidence.  Several counter theories exist, such as the doctrine of [[attenuation]].  In the United States, defendants may make a motion to suppress such evidence, which means that the defendant is asking the trial judge to rule particular evidence [[inadmissible]] during trial.   

'''Fruit of the poisonous tree''' is a legal theory in the [[United States]] that makes illegally obtained evidence, as well as subsequent evidence legally obtained if discovered solely as a result of the illegally obtained evidence, inadmissible in a [[court]] of [[law]].  This theory is a rational for applying the [[exclusionary rule]] to a certain piece of evidence.  Several counter theories exist, such as the doctrine of [[attenuation]].  In the United States, defendants may make a motion to suppress such evidence, which means that the defendant is asking the trial judge to rule particular evidence [[inadmissible]] during trial.   

For example, if a suspect has a confession beat out of him, and during the course of that confession, details to authorities to the location of a victim's body, and the authorities obtain a search warrant and recover the body, neither the confession nor the body can be used against the suspect in criminal proceedings, unless the police can show that a) it was inevitable that the body would have been discovered anyways, b) that an independent source, such as a witness, had informed them of where the body was, c) the connection between the illegally obtained evidence and the subsequently discovered evidence was so weakened or stretched as to remove the "taint" of illegality, or d) the government's conduct was in "good faith."

For example, if a murder suspect was taken in for questioning but not read his Miranda rights, and subsequently confesses to the murder and provides authorities with the location of a victim's body (and the authorities obtain a search warrant and recover the body), neither the confession nor the body can be used against the suspect in criminal proceedings, unless the police can show that a) it was inevitable that the body would have been discovered anyways, b) that an independent source, such as a witness, had informed them of where the body was, c) the connection between the illegally obtained evidence and the subsequently discovered evidence was so weakened or stretched as to remove the "taint" of illegality, or d) the government's conduct was in "good faith."

== Origins ==

== Origins ==