FRUIT OF THE POISONOUS TREE - RECENT DEVELOPMENTS AS VIEWED THROUGH ITS EXCEPTIONS

• NCJ Number: 42203
• Journal: University of Miami Law Review Volume: 31 Issue: 3 Dated: (SPRING 1977) Pages: 615-650
• Author(s): J M BAIN; M K KELLY
• Date Published: 1977
• Length: 36 pages
• Corporate Author: University of Miami
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS COMMENT ANALYZES RECENT DEVELOPMENTS OF THE 'FRUIT OF THE POISONOUS TREE' DOCTRINE IN RELATION TO THE FOURTH AMENDMENT EXCLUSIONARY RULE BY FOCUSING ON RELEVANT SUPREME COURT AND LEADING LOWER COURT DECISIONS.

Abstract

THE AUTHORS EXAMINE THE 'FRUIT' DOCTRINE CHIEFLY THROUGH THE LENS OF THE EXCEPTIONS WHICH HAVE DEVELOPED AROUND IT. WHILE GENERALLY IT IS THE FRUIT OF FOURTH AMENDMENT VIOLATIONS THAT IS EXAMINED, SOME RECENT SUPREME COURT DECISIONS BASED ON THE FIFTH AMENDMENT ARE ALSO DISCUSSED, PARTICULARLY IN RELATION TO THE 'IMPEACHMENT' EXCEPTION. THESE LATER CASES HELP INDICATE THE FUTURE COURSE OF JUDICIAL INTERPRETATION OF THE FOURTH AMENDMENT. (AUTHOR ABSTRACT)...KAP