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'''Fruit of the poisonous tree''' is a legal term in the [[United States]] that allows evidence that is obtained illegally (often unconstitutionally), as well as subsequent evidence legally obtained if said evidence was only made available via the illegally obtained evidence, to be ruled inadmissible in a [[court]] of [[law]].  It is also called the exclusionary rule.  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 such evidence [[inadmissible]] during his or her 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]].  It is also called the exclusionary rule.  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 such evidence [[inadmissible]] during his or her 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.

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, or 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.

 

Evidence may not be suppressed under the [[Fruits|fruit]] of the poisonous tree doctrine if:

#It was discovered through an untainted and independent source.

#It would have eventually been discovered through untainted sources.

== Origins ==

== Origins ==