Fruit of the Poisonous Tree and Your Criminal Defense

When you are charged with a crime, you need to understand your rights, but many people who must defend themselves in court against criminal charges aren't familiar with how criminal law works. This can have serious consequences, especially when they aren't aware of how law enforcement may not be following the rules.



One of the most common situations where this can occur is when a standard known as the fruit of the poisonous tree is violated. What is the fruit of the poisonous tree? What should any defendant know about it? And how can you ensure that it doesn't cause your case to fail? Read on to learn more.

What Is the Fruit of the Poisonous Tree?

The legal doctrine often referred to as the fruit of the poisonous tree (FOPT) refers to evidence obtained through illegal means. Law enforcement must follow the rules of evidence in courts of law, meaning that they cannot simply do whatever they want and expect to use what they learn in court. 

This is where the FOPT doctrine comes into play. Consider an officer who searches a home without a legally obtained warrant. During this search, they find drugs in the home and arrest the resident. In this case, the illegal search is the poisonous tree as it itself cannot be used in court due to its illegality. The drugs found during the search are the fruit of that tree, and they cannot be introduced either. 

Fruits of the poisonous tree in this scenario can go even further down the line. Perhaps the drugs found are linked to a different crime already under investigation. This additional link would also be inadmissible in court because it all stems from the illegal search. And if that secondary crime leads to another person being charged, their case may also be affected by the same poisonous tree. 

Are There Exceptions to the FOPT Doctrine?

As with nearly all legal rules, there are some important exceptions to the fruit of the poisonous tree doctrine. The first is when law enforcement (or others involved) truly believed that they were acting within legal bounds. If the officers believed that the warrant had been issued, for instance, the drugs may be admissible even if it is later discovered that the warrant was not issued. 

A second exception that may affect you comes into play if the evidence was actually discovered or obtained through other, independent means. The discovery above of the drugs and the second crime may only appear to be connected, for example. If the police had questioned another party around the same time and discovered the connection, which was verified by the drugs, then the connection may be allowed in court. 

Similarly to this second exception, there is the possibility of what is known as inevitable discovery. Would the officer have discovered the drugs through a different line of investigation already in play? Perhaps they were investigating the second crime and had a list of phone numbers to investigate. The defendant was on that list and would have eventually been discovered. In some cases, this may be an exception. 

Finally, there is the attenuation doctrine. This is a tricky subject, and each circumstance is unique when applying it. The idea is that the tainted evidence (obtained from the metaphorical poisonous tree) may be made less directly connected to the illegal activity. This usually happens when something interrupts the process and renders things more clearly legal. 

In the above illegal search, for example, the officers may subsequently discover an arrest warrant for the person inside and search them. If drugs were found due to that legal search, these fruits may not be as poisonous as they would otherwise be. The repercussions are considered to be attenuated, or lessened. 

Where Should You Start?

Clearly, the FOPT doctrine is often very complicated. If you think that it may apply in your case, you must know what to do with that potential deal-breaker. After all, it can only help you if you know your rights. 

Remember that law enforcement may know the FOPT doctrine very well. They may make every attempt to prevent it from applying. The officers above may work overtime to find an independent link between the defendant and the drugs found during the search. If they can, their case is stronger. Every defendant deserves the best defense in their case, and qualified legal assistance is key to that. 

Hart Law Offices, PC has worked on Idaho criminal cases since 1976. We investigate every angle that may be used to convict our clients, including using whether evidence is obtained from illegal sources. And then we work to ensure that no illegal methods are used against you. Call today to learn more about the fruit of the poisonous tree as it may apply in your particular case.