Good-Faith Exception to the Fruit of the Poisonous Tree Doctrine

• NCJ Number: 126912
• Journal: Criminal Law Bulletin Volume: 26 Issue: 6 Dated: (November-December 1990) Pages: 509-533
• Author(s): B A Green
• Date Published: 1990
• Length: 25 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article considers whether there should be a good-faith exception to the fruit of the poisonous tree doctrine and, if so, how broad it should be.

Abstract

By way of background, the author first describes that doctrine and then discusses the U.S. Supreme Court decisions in the 1980s that recognized a good-faith exception to the exclusionary rule. He then takes a close look at the recent lower court decisions that considered whether a good-faith exception should be extended to the fruit of the poisonous tree doctrine. The author concludes that although there is some justification for the exception it should apply only in extremely limited circumstances. 87 notes (Author abstract)