Question

"Fruit of the poisonous tree" is the concept that if evidence or information is gathered as a result of the government (as in the police) violating an accused person's rights, then all other evidence gathered only as a result of the discovery of the improperly obtained evidence, will likewise not be admissible as evidence against an accused person.

Answer 1

The statement is true.

Step-by-step explanation:

It is a legal metaphor created to describe when an evidence is obtained illegally. It means that this evidence contaminates the entire process. It tains and the defense or accusation, will not be able to use this evidence. The judge will not be allowed to consider this illegal evidence to convict or to absolve the person in trial.

However we have four exceptions, in which the tainted evidence wil be admissible:

1. If it was founded in part as a result of an untainted source.

2. If it would be discovered anyway, despite of the illegal source.

3. The chain of causation between the ilegal action and the tainted source is too attenuated.

4. The search warrant was not found to be valid based on probable cause. It is called the good faith exception.