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

• Smith v. State
  438 So. 2d 10· Fla. 2d DCA· 1983-05-25 ·cited 18×
  Smith and Wagner appealed their convictions for possession of over 100 pounds of marijuana with firearms, challenging the denial of their motion to suppress evidence obtained through wiretap intercepts. The court affirmed the convictions, finding the first wiretap valid and rejec
• United States v. Tate
  694 F.2d 1217· 9th Cir.· 1982-12-21 ·cited 18×
  The dissenting judge would affirm the convictions, finding probable cause for the warrant and lawful searches, or alternatively, that any error was harmless.
• United States v. Tovar
  687 F.2d 1210· 8th Cir.· 1982-09-01 ·cited 18×
  The court held that the trial court did not err in refusing to admit an exculpatory statement under hearsay exceptions, in admitting handwriting exemplars obtained after an illegal arrest, or in admitting identification testimony and expert testimony. The court also affirmed the
• Sharpe v. United States
  660 F.2d 967· 4th Cir.· 1981-09-04 ·cited 18×
  The dissenting judge argues that the majority erred in applying a strict time limit to Terry stops and in its interpretation of the Fourth Amendment's application to containers found in vehicles.
• United States v. Wellins
  654 F.2d 550· 9th Cir.· 1981-08-24 ·cited 18×
• State v. Virchus Dane Tillman
  402 So. 2d 19· Fla. 3d DCA· 1981-06-30 ·cited 18×
  The State appeals a suppression order in a burglary and grand theft case. The trial court properly suppressed fingerprint standards obtained during an illegal stop, but the appellate court reverses the suppression of pre-existing latent fingerprints and standards obtained indepen
• State v. Caballero
  396 So. 2d 1210· Fla. 3d DCA· 1981-04-21 ·cited 18×
  Florida appeals a trial court's dismissal of a loitering and prowling charge and suppression of evidence and confession against Jorge Caballero. The appellate court reverses, finding the officer had probable cause to arrest Caballero based on the totality of circumstances and tha
• Busch v. State
  392 So. 2d 272· Fla. 1st DCA· 1980-11-17 ·cited 18×
  On remand from the U.S. Supreme Court following Payton v. New York, the court considers whether a warrantless, nonconsensual entry into Busch's home violated the Fourth Amendment and whether his resulting confession must be suppressed. The court remands for further factual findin
• United States v. Hozie Chamberlin
  609 F.2d 1318· 9th Cir.· 1979-12-26 ·cited 18×
  Evidence derived from an illegal detention should not be suppressed if it merely buttressed a determination already made based on untainted evidence.
• United States v. Giorgio Penco
  612 F.2d 19· 2d Cir.· 1979-09-06 ·cited 18×
  The court held that the appellant lacked standing to challenge the seizure of cocaine from a co-defendant's apartment on the conspiracy count, but had automatic standing on the possession count. However, the court affirmed the conviction, finding no merit to the Fourth Amendment
• United States v. Williams
  594 F.2d 86· 5th Cir.· 1979-04-30 ·cited 18×
• Purcell v. State
  325 So. 2d 83· Fla. 1st DCA· 1976-01-16 ·cited 18×
  David Purcell appeals his conviction for drug possession, challenging the seizure of cocaine and hashish found during a search of his rented storage facility. The court holds that the officers exceeded the scope of their warrant by conducting a systematic search of the attic rath
• United States v. Spach
  518 F.2d 866· 7th Cir.· 1975-07-16 ·cited 18×
  The court held that the affidavits supporting the search warrants were sufficient to establish probable cause, and therefore the denial of the motions to suppress evidence was correct.
• State v. Hendry
  309 So. 2d 61· Fla. 2d DCA· 1975-02-14 ·cited 18×
  This case reviews an order of suppression concerning a temporary police detention based on an anonymous tip. The court held that the detention was illegal because the anonymous tip, without corroborating circumstances, did not provide reasonable grounds to believe the individual
• United States v. McDEVITT
  508 F.2d 8· 10th Cir.· 1974-12-26 ·cited 18×
  The court held that the initial stop of the defendant's truck was arbitrary and lacked reasonable suspicion, rendering the subsequent search and arrest illegal. The court reversed the conviction due to the tainted evidence.
• United States v. Lindsay
  506 F.2d 166· D.C. Cir.· 1974-10-07 ·cited 18×
  The court held that the police entry into the motel room was unconstitutional because it was not justified by exigent circumstances, consent, hot pursuit, or as a search incident to arrest, and therefore the evidence seized was inadmissible.
• State v. Rheiner
  297 So. 2d 130· Fla. 2d DCA· 1974-07-03 ·cited 18×
  Florida appealed a trial court order suppressing statements and evidence from the arrest of Rheiner for breaking and entering with intent to commit larceny. The court held the arrest was illegal because it was based solely on the suspicious appearance of bicycles protruding from
• Vaillancourt v. State
  288 So. 2d 216· Fla.· 1974-01-09 ·cited 18×
  The court held that a confession is admissible even if preceded by an unwarned statement, provided Miranda warnings are given before the confession and the prior statement was not inherently coercive. The court also held that the corpus delicti need only be established prima faci
• United States v. Beasley
  485 F.2d 60· 10th Cir.· 1973-10-24 ·cited 18×
  The court held that the arrest warrant was invalid due to a deficient complaint, but the evidence obtained (testimony and a briefcase) was admissible because it was not tainted by the illegal arrest.
• Hale v. Henderson
  485 F.2d 266· 6th Cir.· 1973-10-05 ·cited 18×
  The court held that discrimination in the selection of a grand jury foreman pro tempore does not warrant quashing an indictment without a showing of prejudice.
• United States v. Pascual Guana-Sanchez
  484 F.2d 590· 2d Cir.· 1973-07-18 ·cited 18×
  The court held that the warrantless arrest of the defendant was unreasonable under the Fourth Amendment, and evidence obtained thereafter was inadmissible as fruit of the poisonous tree.
• United States v. Rickie A. Scheiblauer
  472 F.2d 297· 9th Cir.· 1973-01-17 ·cited 18×
  The court held that the agents had reasonable suspicion to detain the defendant for investigative questioning, and his subsequent admissions and voluntary opening of the luggage were not the fruit of an illegal arrest or search.
• United States v. Kennedy
  457 F.2d 63· 10th Cir.· 1972-03-30 ·cited 18×
  The court held that evidence discovered via a valid search warrant, even if the initial arrest was illegal, is admissible if the warrant's basis is independent of the illegal arrest.
• United States v. Ottis Mayo Jones
  457 F.2d 697· 5th Cir.· 1972-01-14 ·cited 18×
  The court held that evidence seized in Tennessee was not used in the Florida trial, and even if it were, independent evidence linked the defendant to the crimes, thus the conviction was not tainted. The court also found no speedy trial violation.
• Fisher v. Palmer C. Scafati
  439 F.2d 307· 1st Cir.· 1971-03-04 ·cited 18×
  The court held that the district court properly disregarded the state court's findings regarding Miranda warnings and that the subsequent confessions were inadmissible due to incomplete warnings.
• United States v. Socorro Chaidez-Castro and Domingo Rodriguez-Macias
  430 F.2d 766· 7th Cir.· 1970-08-28 ·cited 18×
  The court held that the warrantless search of the truck was supported by probable cause, and the sentencing procedure did not warrant appellate intervention.
• Bryson v. United States
  419 F.2d 695· D.C. Cir.· 1969-06-27 ·cited 18×
  A violation of Fed.R.Crim.P. 4(c)(3) regarding informing an arrestee of the offense and warrant does not require suppression of evidence found in a search incident to that arrest.
• John Bacall Imports, Ltd. v. United States
  412 F.2d 586· 9th Cir.· 1969-06-20 ·cited 18×
  An illegal search and seizure does not automatically immunize goods from forfeiture if the government has independent evidence of the violation.
• Gladden v. Holland
  366 F.2d 580· 9th Cir.· 1966-08-29 ·cited 18×
  The court held that a guilty plea entered shortly after a coerced confession, without substantial removal of coercive conditions, is invalid under the Due Process Clause.
• Jackson v. United States
  273 F.2d 521· D.C. Cir.· 1959-12-10 ·cited 18×
  A confession obtained during an unlawful detention, even if signed after judicial caution, is inadmissible.
• Emory Houston v. State
  113 So. 2d 582· Fla. 1st DCA· 1959-07-09 ·cited 18×
  Emory Houston was convicted of violating beverage laws based on evidence seized from an unlawful search of his barn. The Florida District Court of Appeal reversed his conviction, holding that evidence obtained through a warrantless search that violated the Florida Constitution's
• Jenkins v. United States
  161 F.2d 99· 10th Cir.· 1947-05-03 ·cited 18×
  The court held that the search and seizure were lawful because the investigators had sufficient trustworthy information to believe intoxicating liquor was being transported into Oklahoma.
• Clive Gentles v. State
  50 So. 3d 1192· Fla. 4th DCA· 2010-12-22 ·cited 17×
  The Fourth District Court of Appeal reversed the trial court's denial of a motion to suppress, holding that a police officer's order to turn off a car engine constituted an unlawful seizure without reasonable suspicion of criminal activity or specific safety concerns. The defenda
• Navamuel v. State
  12 So. 3d 1283· Fla. 4th DCA· 2009-07-22 ·cited 17×
  Robin Navamuel was charged with firearm possession by a convicted felon, drug trafficking, and paraphernalia possession. He appealed the trial court's denial of his motion to suppress evidence obtained from a warrantless search of his home. The court reversed, holding that DEA ag
• State v. Scott
  641 So. 2d 517· Fla. 3d DCA· 1994-08-31 ·cited 17×
  An anonymous tip coupled with an officer's independent observations that corroborate the tip's specific details—including appearance, location, and suspicious activity—provides both reasonable suspicion to detain and probable cause to arrest, even without the same level of certai
• United States v. Asim Springer
  946 F.2d 1012· 2d Cir.· 1991-10-16 ·cited 17×
  The court held that the initial encounter was consensual and not a seizure, and that Springer abandoned the suitcase, thus the suppression of evidence was erroneous.
• United States v. Dewitt
  946 F.2d 1497· 10th Cir.· 1991-10-15 ·cited 17×
  The court held that the district court's findings regarding the voluntariness and scope of the defendant's consent to search were not clearly erroneous, and the defendant waived the argument of unlawful detention by failing to raise it below.
• State v. Schafer
  583 So. 2d 374· Fla. 4th DCA· 1991-07-10 ·cited 17×
  Florida appeals from an order suppressing cocaine found during an arrest based on a warrant issued during an allegedly void probation extension. The court affirmed the suppression, holding that the probation extension conducted without a hearing or counsel was illegal, making the
• United States v. Campbell
  920 F.2d 793· 11th Cir.· 1991-01-07 ·cited 17×
  The court held that the defendant's arrest was made without probable cause, and her subsequent consent to search was tainted by the illegal arrest, requiring suppression of the evidence.
• United States v. Duchi
  906 F.2d 1278· 8th Cir.· 1990-07-02 ·cited 17×
  The court held that the warrantless entry into the defendant's home was unconstitutional because the exigent circumstances were created by the police themselves, and thus the evidence obtained from that entry should have been suppressed.
• United States v. Stewart
  867 F.2d 581· 10th Cir.· 1989-02-08 ·cited 17×
  The court held that the Denver S.W.A.T. team's entry into the defendant's residence violated 18 U.S.C. § 3109 because no exigent circumstances justified the failure to knock and announce.
• State v. Butler
  520 So. 2d 325· Fla. 3d DCA· 1988-03-01 ·cited 17×
  Florida appealed a suppression order excluding 100 bales of marijuana found in defendant's van. The court affirmed, holding that the state failed to establish either that the initial stop was justified or that any consent to search was voluntarily given after an illegal detention
• United States v. Patterson
  812 F.2d 1188· 9th Cir.· 1987-03-16 ·cited 17×
  The court held that the defendant's voluntary statement, though obtained in violation of Miranda, could be used in an affidavit for a search warrant, and that prosecution in the U.S. was not barred by prior prosecution in Mexico under 18 U.S.C. § 4111.
• United States v. Ladson
  774 F.2d 436· 11th Cir.· 1985-10-18 ·cited 17×
  The government's lawful seizure of a house in civil forfeiture proceedings does not entitle it to conduct an inventory search of the house's contents over a tenant's objection without a warrant.
• United States v. Kinney
  638 F.2d 941· 6th Cir.· 1981-01-15 ·cited 17×
  The court held that the entry into the residence and a cursory sweep for officer safety were justified under the circumstances.
• United States v. Strickland
  493 F.2d 182· 5th Cir.· 1974-04-26 ·cited 17×
  The court held that incriminating statements made by the defendant to a detective were voluntary and admissible, and that his subsequent grand jury testimony was not the fruit of illegally obtained statements.
• Munoz v. United States
  325 F.2d 23· 9th Cir.· 1963-11-29 ·cited 17×
  The court held that the arrest and subsequent search were unlawful due to the officers' violation of 18 U.S.C. § 3109 by failing to provide adequate notice of their authority and purpose before entering the appellant's hotel room. Consequently, the evidence seized and statements
• United States v. Taylor
  935 F.3d 1279· 11th Cir.· 2019-08-28 ·cited 16×
  Two defendants charged with child pornography crimes challenged the use of evidence obtained through a Network Investigative Technique (NIT) warrant that authorized a nationwide remote-access search of computers accessing a Tor-based child pornography website. The Eleventh Circui
• State v. K.N.
  66 So. 3d 380· Fla. 5th DCA· 2011-07-29 ·cited 16×
  Florida appellate court reversed in part and affirmed in part the trial court's suppression ruling in a juvenile delinquency case involving vehicle burglaries. The court held that the initial investigatory stop was lawful based on reasonable suspicion, the high-risk traffic stop
• Randell C. Leighty v. State
  981 So. 2d 484· Fla. 4th DCA· 2008-03-05 ·cited 16×
  Randell Leighty appeals his conviction for three counts of first-degree murder and robbery with a firearm. The court affirms the trial court's denial of his motion to suppress his pre-trial statement and denial of his motion to use a witness deposition in place of live testimony,