Fruit Of The Poisonous Tree Doctrine

1,737 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Tedd J. Popple v. State
  626 So. 2d 185· Fla.· 1993-10-14 ·cited 676×
  The Florida Supreme Court held that a police officer's direction for a citizen to exit a legally parked vehicle constitutes a seizure requiring reasonable suspicion, even during an otherwise consensual encounter. The court reversed the defendant's drug possession conviction becau
• United States v. Vito Agueci
  310 F.2d 817· 2d Cir.· 1962-11-08 ·cited 320×
  The court held that the jury instructions on conspiracy adequately conveyed the necessary elements, including knowledge of illegal importation, and that the evidence supported a finding of a single continuing conspiracy, not multiple separate ones.
• Bertolotti v. State
  476 So. 2d 130· Fla.· 1985-08-15 ·cited 311×
  Anthony Bertolotti was convicted of first-degree murder in the death of Carol Miller Ward and sentenced to death. The Florida Supreme Court affirmed his conviction and sentence, rejecting challenges to the search based on the informant's reward eligibility and finding prosecutori
• Dorman v. United States
  435 F.2d 385· D.C. Cir.· 1970-04-15 ·cited 246×
  The court affirmed the conviction, holding that the warrantless entry into Dorman's home to arrest him was justified by exigent circumstances, and the seizure of the stolen suit found in plain view during the lawful search for Dorman was permissible. The court also found no rever
• Craig v. State
  510 So. 2d 857· Fla.· 1987-05-28 ·cited 245×
  Craig was convicted of two counts of first-degree murder and sentenced to death for the premeditated murders of John Eubanks and Walton Farmer during a planned scheme to gain control of a cattle ranch. The Florida Supreme Court affirmed the convictions but vacated and remanded th
• Lightbourne v. State
  438 So. 2d 380· Fla.· 1983-09-15 ·cited 225×
  Ian Lightbourne was convicted of first-degree murder and sentenced to death for the killing of Nancy O'Farrell during a burglary and sexual assault. The Florida Supreme Court affirmed both the conviction and the death sentence, rejecting multiple constitutional and procedural cha
• United States v. Michel
  588 F.2d 986· 5th Cir.· 1979-02-01 ·cited 209×
  The court held that the evidence was sufficient to sustain convictions for conspiracy to import marijuana and importation of marijuana, and that the stop and search of the U-Haul truck were legal.
• Marshall v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State of Fla.
  828 F.3d 1277· 11th Cir.· 2016-07-12 ·cited 197×
  Johnny Marshall appealed the denial of his habeas corpus petition challenging his Florida armed robbery conviction, arguing that his trial counsel rendered ineffective assistance under Strickland v. Washington by failing to move to suppress an eyewitness identification obtained d
• United States v. Dudley Lee Berry
  670 F.2d 583· 5th Cir.· 1982-03-19 ·cited 188×
  Appellants voluntarily consented to accompany agents to the DEA office, making their subsequent detention lawful.
• Kearse v. State
  662 So. 2d 677· Fla.· 1995-06-22 ·cited 178×
  The Florida Supreme Court affirmed Billy Leon Kearse's convictions for first-degree murder and robbery with a firearm in the killing of Fort Pierce police officer Danny Parrish, but vacated his death sentence and remanded for a new penalty phase proceeding before a jury due to er
• Morrison v. State
  818 So. 2d 432· Fla.· 2002-03-21 ·cited 169×
  Raymond Morrison was convicted of first-degree murder in the January 1997 death of 82-year-old Albert Dwelle during a robbery. Morrison's death sentence was upheld on appeal after the Florida Supreme Court rejected all challenges to his conviction and penalty phase, including cla
• Feguer v. United States
  302 F.2d 214· 8th Cir.· 1962-04-16 ·cited 163×
  The court affirmed the conviction and sentence, finding no reversible error in the trial court's rulings on competency, insanity defense, evidence admissibility, or trial fairness.
• Delap v. State
  440 So. 2d 1242· Fla.· 1983-09-15 ·cited 148×
  Delap was convicted of first-degree murder and sentenced to death. On appeal, he challenged the admissibility of his confession, expert testimony, jury instructions, and the imposition of the death sentence. The Florida Supreme Court affirmed the conviction and sentence, finding
• Rimmer v. State
  825 So. 2d 304· Fla.· 2002-07-03 ·cited 147×
  Robert Rimmer was convicted of two counts of first-degree murder, armed robbery, armed kidnapping, attempted armed robbery, and aggravated assault for murders committed during a robbery at an audio equipment store. The Florida Supreme Court affirmed his convictions and death sent
• Hance v. Zant
  696 F.2d 940· 11th Cir.· 1983-01-24 ·cited 144×
  The Court of Appeals held that the prosecutor's conduct during the sentencing phase of the trial was constitutionally impermissible, rendering the sentencing fundamentally unfair, but the prosecutor's conduct during the guilt phase, while improper, was not unconstitutional. The C
• United States v. Tanner
  471 F.2d 128· 7th Cir.· 1972-03-03 ·cited 142×
  The court held that the trial court did not err in admitting the key witness's testimony, denying severance motions, or in its handling of the indictment's duplicity, but found Count III to be duplicitous and reversed convictions on that count.
• Corngold v. United States
  367 F.2d 1· 9th Cir.· 1966-09-29 ·cited 136×
• United States v. Williams
  622 F.2d 830· 5th Cir.· 1980-07-31 ·cited 134×
  A DEA agent has statutory authority to make a warrantless arrest for criminal contempt committed in his presence, and evidence obtained from such an arrest and subsequent search is not subject to suppression under the exclusionary rule if the officer acted in a reasonable good-fa
• State v. Oliver
  368 So. 2d 1331· Fla. 3d DCA· 1979-03-13 ·cited 134×
  In this criminal prosecution for marijuana possession, the Florida District Court of Appeal reversed the trial court's suppression order, holding that evidence voluntarily discarded by a defendant in public streets after an illegal police stop is not protected by the Fourth Amend
• United States v. DeSIMONE
  660 F.2d 532· 5th Cir.· 1981-11-02 ·cited 133×
  The court held that the evidence was insufficient to support DeSimone's conviction for conspiracy and importation, requiring reversal. However, the evidence was sufficient to support Waldon's conviction for conspiracy and importation.
• Gov't of the Virgin Islands v. Beaumont Gereau
  502 F.2d 914· 3d Cir.· 1974-08-15 ·cited 130×
  The court held that statements and evidence were admissible, finding no clear error in the district court's rulings on suppression issues, including claims of police brutality, presentment delay, illegal arrests, and warrantless searches.
• In re Application of Alves Braga
  789 F. Supp. 2d 1294· S.D. Fla.· 2011-05-18 ·cited 128×
  The court granted in part and denied in part the motion to stay discovery, issuing a limited, temporary stay to balance competing interests.
• Gilbert v. United States
  366 F.2d 923· 9th Cir.· 1966-09-16 ·cited 128×
  The dissenting opinion argues that the appellant was denied his Sixth Amendment right to counsel during a pretrial lineup. Furthermore, the opinion contends that the trial court erred by failing to consider the potential taint of an initial, possibly coerced, interrogation on a s
• Henderson v. United States
  390 F.2d 805· 9th Cir.· 1967-07-07 ·cited 126×
  The court held that the information possessed by customs agents was insufficient to constitute a 'clear indication' that the appellant was carrying narcotics, thus requiring probable cause for the intrusive search.
• Voorhees v. State
  699 So. 2d 602· Fla.· 1997-06-19 ·cited 125×
  Donald Voorhees was convicted of first-degree murder in the beating and stabbing death of Audrey Steven Bostic during a robbery. The Florida Supreme Court affirmed the conviction but vacated the death sentence, finding the death penalty disproportionate when considering the total
• United States v. Smith
  799 F.2d 704· 11th Cir.· 1986-09-16 ·cited 123×
  An investigative stop is invalid as pretextual if a reasonable officer would not have made the stop in the absence of an illegitimate motive.
• Schoenwetter v. State
  931 So. 2d 857· Fla.· 2006-04-27 ·cited 122×
  Randy Schoenwetter was convicted of two counts of first-degree murder and sentenced to death for killing Virginia and Ronald Friskey during a home invasion. The Florida Supreme Court affirmed the convictions and death sentences, finding the trial court properly admitted evidence,
• Cotton v. United States
  371 F.2d 385· 9th Cir.· 1967-01-23 ·cited 122×
  The court held that the defendant had standing to challenge the search of the vehicle, and that the searches and seizures conducted by law enforcement were reasonable and did not violate his constitutional rights.
• Goodwin v. Balkcom
  684 F.2d 794· 11th Cir.· 1982-09-03 ·cited 120×
  The court held that the state trial court's capital sentencing instructions were constitutionally insufficient because they failed to adequately guide the jury on mitigating circumstances and the option to recommend against death. The court also found that the defendant was denie
• Nollie Lee Martin v. Louie L. Wainwright
  770 F.2d 918· 11th Cir.· 1985-08-26 ·cited 118×
  The court's precedent on general deterrence evidence in capital penalty phases is contradictory and creates an unfair advantage for the prosecution.
• United States v. Brookins
  614 F.2d 1037· 5th Cir.· 1980-04-03 ·cited 116×
• United States v. Black
  675 F.2d 129· 7th Cir.· 1982-04-06 ·cited 115×
  The dissenting judge would hold that the police encounter constituted a Fourth Amendment seizure and that the officers lacked sufficient specific and articulable facts to justify the seizure, rendering any subsequent search illegal.
• United States v. Webster
  750 F.2d 307· 5th Cir.· 1984-12-26 ·cited 110×
  The court held that Clarence Royalston's second statement was not the fruit of an illegal arrest, but his first statement was. The court affirmed convictions except for Royalston's, which was reversed due to evidence from an illegal arrest.
• LaMarcus Edward Carter v. State
  454 So. 2d 739· Fla. 2d DCA· 1984-08-17 ·cited 110×
  LaMarcus Carter was convicted of cocaine possession after police seized cocaine from his vehicle during a warrantless search. The appellate court reversed, holding that the initial investigatory stop violated the Fourth Amendment because the officers lacked the requisite founded
• United States v. Lipscomb
  435 F.2d 795· 5th Cir.· 1970-12-08 ·cited 110×
  The court held that the defendant's arrest without a warrant, the subsequent inventory search of his belongings and vehicle, and the admission of his confession were lawful and did not violate his constitutional rights.
• United States v. Forrest
  620 F.2d 446· 5th Cir.· 1980-06-05 ·cited 109×
  The court held that the evidence was insufficient to support Maxine Forrest's convictions, but William Henry Forrest's challenges regarding searches, seizures, and prosecutorial comments were rejected. The court remanded for a limited purpose related to jury tampering.
• United States v. Eliot H. Weisman and Salvatore J. Cannatella
  624 F.2d 1118· 2d Cir.· 1980-04-04 ·cited 107×
  The court affirmed the convictions, holding that the district court properly instructed the jury on RICO's 'pattern of racketeering activity' and that intervening circumstances dissipated the taint of an illegal arrest, rendering subsequent statements admissible.
• United States v. McCALEB
  552 F.2d 717· 6th Cir.· 1977-04-11 ·cited 106×
  The court held that the consent to search was not freely and voluntarily given due to an unconstitutional stop and arrest, rendering the evidence inadmissible.
• Harlow v. United States
  301 F.2d 361· 5th Cir.· 1962-04-04 ·cited 104×
  The court held that the appellants' speedy trial rights were not violated, the conspiracy count was sufficiently specific, and venue was proper. The court reversed Addy's conviction for insufficient evidence but affirmed the convictions of Harlow and Wilson on substantive counts.
• United States v. Terzado-Madruga
  897 F.2d 1099· 11th Cir.· 1990-04-02 ·cited 103×
  The court held that while the government violated the defendant's Sixth Amendment right to counsel by recording post-indictment conversations, the proper remedy was to exclude the evidence from the trial of the indicted charges, not to dismiss the indictment or suppress evidence
• United States v. Smith
  680 F.2d 255· 1st Cir.· 1982-06-08 ·cited 103×
  The court held that 21 U.S.C. § 955a is within Congress's power to apply extraterritorially to stateless vessels engaged in drug trafficking affecting the United States, and that the evidence was sufficient to support the appellant's conviction for possession with intent to distr
• United States v. Rodriguez
  585 F.2d 1234· 5th Cir.· 1978-11-14 ·cited 103×
• United States v. Eatherton
  519 F.2d 603· 1st Cir.· 1975-07-18 ·cited 102×
  The court held that the identification procedures, while questionable, did not create a substantial likelihood of irreparable misidentification, and the search of the briefcase incident to arrest was permissible. However, the court found a double conviction under the Bank Robbery
• United States v. Aulet
  618 F.2d 182· 2d Cir.· 1980-03-10 ·cited 100×
  The court held that the defendant received effective assistance of counsel and that the jury charge on conscious avoidance was proper, affirming the conviction.
• Parkin v. State
  238 So. 2d 817· Fla.· 1970-07-13 ·cited 99×
  Mary Julia Parkin, charged with first-degree murder, invoked the privilege against self-incrimination to refuse a court-ordered psychiatric examination after she pleaded insanity. The Florida Supreme Court held that a defendant who raises an insanity defense impliedly waives the
• United States v. Figueroa
  818 F.2d 1020· 1st Cir.· 1987-05-15 ·cited 98×
  The court held that the Secret Service had probable cause to arrest the defendant, and his subsequent statements were admissible. The court also found that the admission of coconspirator testimony and agent testimony was proper.
• Elbel v. United States
  364 F.2d 127· 10th Cir.· 1966-07-14 ·cited 98×
  The court affirmed the conviction, holding that the evidence was sufficient to support the jury's finding of fraudulent intent and that the trial court did not err in its evidentiary rulings or jury instructions.
• United States v. Tane
  329 F.2d 848· 2d Cir.· 1964-03-24 ·cited 98×
  The Court of Appeals held that the order dismissing the indictment was appealable and that the indictment was the product of an unlawful wiretap, thus affirming the dismissal.
• Amador-Gonzalez v. United States
  391 F.2d 308· 5th Cir.· 1968-01-10 ·cited 96×
• United States v. Recalde
  761 F.2d 1448· 10th Cir.· 1985-05-10 ·cited 95×
  The court held that the defendant's consent to search his vehicle was tainted by his unlawful seizure and detention, and therefore the evidence found must be suppressed.