The Exclusionary Rule.
The concept of the Fruit of the Poisonous Tree Doctrine stems directly from the Exclusionary Rule. It is a method of explaining the concept of the Exclusionary Rule. It compares the Exclusionary Rule to a Tree that is poisonous and all of the fruit from that tree is also poison. The tree represents actions by law enforcement that are not appropriate and violate the 4th Amendment. Any fruit, which represents the evidence seized as a result of inappropriate actions by authorities is considered “poisonous” and not admissible in the court proceeding.
Describe the Exclusionary Rule and how it is meant to protect citizens of this country.
Identify at least 2 methods of demonstrative evidence that would explain the concept of best evidence. You may use scenarios to describe the theory of best evidence.
Explain the need for an absolute adherence to avoiding any evidentiary issue that would result in a Fruit of the Poisonous Tree violation (4th Amendment).
Explain the court’s displeasure with issues like the Christian Burial Speech. What might it mean in the long run to a serious case just as it did with Brewer v. Williams?
Sample Solution
The Exclusionary Rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the Exclusionary Rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment. If evidence that falls within the scope of the exclusionary rule led law enforcement to other evidence, which they would not otherwise have located, then the Exclusionary Rule applies to the newly discovered evidence, subject to a few exceptions. The secondarily excluded evidence is called “fruit of the poisonous tree.” Though the rationale behind the Exclusionary Rule is based in constitutional rights, it is a court-created remedy and deterrent, not an independent constitutional right.
