How does the concept of fruit of poisonous tree apply toward homicide case taht has a lot of evidence against the defendenet but a large amo...

Question

How does the concept of fruit of poisonous tree apply toward homicide case taht has a lot of evidence against the defendenet but a large amount of evidence was obtained but also obtain illegally by the poloice from an illegal search of his residence and vehichle how does the evidence not get admitted , but does the defense team want to get around it

Answer

This is a very complex question, but to simply put it, if the police, for example do an illegal search, then that evidence is inadmissible. However, if they obtain evidence through other means then that evidence may still be admissible. You need to talk to your attorney about this complex issue to see if it applies in your case.

Answer

An attorney needs to evaluate the evidence and file any necessary Motions to suppress. If the evidence was unlawfully obtained any evidence that it produces is also unlawful and inadmissible unless it would have been inevitably discovered. Other exceptions also apply.

Natalie Hall, Esq.