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

• Jones v. State
  804 So. 2d 551· Fla. 3d DCA· 2002-01-16 ·cited 16×
  The court held that the trial court did not err in denying the motion to suppress the confession or the request for an independent act instruction, and that the defendant is not entitled to resentencing.
• McGOWAN v. State
  778 So. 2d 354· Fla. 2d DCA· 2001-01-05 ·cited 16×
  Michael McGowan appeals the denial of his motion to suppress cocaine and drug paraphernalia found during a traffic stop and subsequent search. The court reversed, holding that police lacked probable cause to arrest McGowan for cocaine possession based on constructive possession t
• State v. Bartee
  623 So. 2d 458· Fla.· 1993-06-24 ·cited 16×
  The Florida Supreme Court reviewed whether a defendant's abandonment of cocaine during a police chase constituted the fruit of an unlawful seizure under the Fourth Amendment. Following the U.S. Supreme Court's decision in California v. Hodari D., the court held that a pursuit and
• Morse v. State
  604 So. 2d 496· Fla. 1st DCA· 1992-06-11 ·cited 16×
  Eric Morse was charged with burglary and resisting arrest based on evidence discovered through warrantless searches of his motel room. The First District Court of Appeal reversed the conviction and vacation of community control, finding that the searches violated the Fourth Amend
• Grant v. State
  596 So. 2d 98· Fla. 2d DCA· 1992-03-11 ·cited 16×
  Anthony Grant appeals his cocaine possession conviction after entering a nolo contendere plea while reserving the right to challenge the suppression denial. The Florida Second District Court of Appeal reversed, holding that the initial police stop of Grant lacked reasonable suspi
• United States v. Colin
  928 F.2d 676· 5th Cir.· 1991-04-01 ·cited 16×
  The court held that the officer had sufficient justification to stop the vehicle, frisk the defendant, and arrest him, and that the release of a material witness did not violate the defendant's rights.
• State v. Carmody
  553 So. 2d 1366· Fla. 5th DCA· 1989-12-21 ·cited 16×
  The State appeals a trial court's order suppressing evidence obtained from a warrantless arrest of Carmody for illegally transferring a license plate. The court reverses, holding that although the stated reason for arrest was invalid, the arrest was nonetheless valid because the
• United States v. Franklyn Arango
  879 F.2d 1501· 7th Cir.· 1989-07-17 ·cited 16×
  The court held that the warrantless searches of the vehicle incident to arrest and under the automobile exception were lawful, and that the dismissal of the indictment without prejudice for a Speedy Trial Act violation was not an abuse of discretion.
• In the Interest of R.E., II v. State
  536 So. 2d 1125· Fla. 1st DCA· 1988-12-21 ·cited 16×
  A juvenile challenged a stop and search of his vehicle, arguing the initial traffic stop lacked reasonable suspicion. The court held that a citizen's report of generalized suspicious activity—without law enforcement corroboration beyond innocent identifying details—is insufficien
• Politte v. United States
  852 F.2d 924· 7th Cir.· 1988-07-12 ·cited 16×
  A guilty plea is voluntary even if influenced by concern for a spouse's sentence, provided the prosecution of the third party is in good faith and the plea agreement is properly entered.
• United States v. Kofoworola Adegbite
  846 F.2d 834· 2d Cir.· 1988-05-06 ·cited 16×
  The court held that the stop of the ice cream truck constituted a seizure under the Fourth Amendment, and the subsequent arrest was based on warrants with insufficient particularity.
• Thompson v. Lynaugh
  821 F.2d 1054· 5th Cir.· 1987-07-03 ·cited 16×
  The court held that the evidence was sufficient to support the conviction and death sentence, and that petitioner's federal constitutional rights were not violated.
• State v. Griffith
  500 So. 2d 240· Fla. 3d DCA· 1986-12-09 ·cited 16×
  The state appealed the trial court's suppression of a juvenile victim's testimony in a sexual battery case. The appellate court reversed, holding that the victim's testimony was admissible under the independent source doctrine despite the police's unlawful search of the defendant
• Mitchell v. State
  494 So. 2d 498· Fla. 2d DCA· 1986-07-11 ·cited 16×
  Henry Mitchell was convicted of carrying a concealed firearm (a derringer) discovered during a search incident to arrest. The Florida appellate court reversed, holding that the initial firearm observed by the officer was not legally concealed, so the arrest lacked probable cause,
• United States v. FOX
  788 F.2d 905· 2d Cir.· 1986-04-18 ·cited 16×
  The court held that a five-and-a-half-month adjournment between jury selection and the commencement of trial, without stated justification, violated the Speedy Trial Act.
• State v. Hunwick
  434 So. 2d 1000· Fla. 4th DCA· 1983-07-13 ·cited 16×
  Florida appeals the trial court's suppression of drugs and paraphernalia discovered during a search warrant execution. The court holds that where an affidavit for a search warrant contains only legally obtained information sufficient to establish probable cause, the failure to di
• Walker v. State
  433 So. 2d 644· Fla. 2d DCA· 1983-06-24 ·cited 16×
  The court held that the warrantless entry into the defendant's private bedroom without probable cause or a warrant exception was illegal, rendering the subsequent arrest and seizure of evidence unlawful.
• United States v. Fisher
  702 F.2d 372· 2d Cir.· 1983-03-08 ·cited 16×
• United States v. Swayne
  700 F.2d 467· 8th Cir.· 1983-02-25 ·cited 16×
  The dissenting judge holds that the DEA agents lacked probable cause to arrest Swayne, making the seizure of evidence and his inculpatory statement inadmissible.
• United States v. Prim
  698 F.2d 972· 9th Cir.· 1983-02-07 ·cited 16×
  Continued detention after refusal to consent to search constituted custodial interrogation without probable cause, tainting the evidence.
• United States v. Ali Asghar Taheri
  648 F.2d 598· 9th Cir.· 1981-06-01 ·cited 16×
  The court held that evidence obtained from an initial unlawful search and subsequent arrest based on that evidence is inadmissible, even if consent to search was given after arrest.
• United States v. Markland
  635 F.2d 174· 2d Cir.· 1980-12-08 ·cited 16×
  The court held that the discovery of mail parcels in a beverage bag during a community caretaking search following a car accident was not an illegal search, and thus the suppression of evidence and statements was improper.
• United States v. Hewey Lee Thompson
  597 F.2d 187· 9th Cir.· 1979-05-16 ·cited 16×
  The court held that the examination of the contents of an envelope found during a pat-down search, after the officer determined it did not contain a weapon, violated the Fourth Amendment. The motion to suppress the evidence should have been granted.
• United States v. Molt
  589 F.2d 1247· 3d Cir.· 1978-12-28 ·cited 16×
  The court held that consent to a search obtained through innocent misrepresentation of statutory authority by government agents is invalid, and evidence obtained from such a search must be suppressed.
• State v. Holt
  354 So. 2d 888· Fla. 4th DCA· 1978-01-10 ·cited 16×
  The appellate court reviewed an order suppressing incriminating statements made by the appellee, Thomas Holt, who was a confidential informant for the D.E.A. while being investigated for homicide.
• United States v. Stover
  565 F.2d 1010· 8th Cir.· 1977-11-10 ·cited 16×
  The court held that the trial court did not err in admitting fingerprint evidence obtained independently of an allegedly unlawful arrest, nor in admitting evidence of the defendant's escape, and that the jury instructions and sentence modification were proper.
• Wong Chung CHE and Wong Pui Tong v. Immigr. & Naturalization Serv.
  565 F.2d 166· 1st Cir.· 1977-11-02 ·cited 16×
  Evidence obtained through an illegal search is inadmissible in deportation proceedings, and allegations of such a search, if sufficiently specific, warrant an evidentiary hearing. An illegal arrest, however, does not invalidate deportation proceedings.
• United States v. Haes
  551 F.2d 767· 8th Cir.· 1977-03-16 ·cited 16×
  The use of a projector by FBI agents to view films discovered in a private search by freight employees does not constitute a new, independent search requiring suppression of evidence.
• United States v. Plotkin
  550 F.2d 693· 1st Cir.· 1977-03-04 ·cited 16×
  The court held that the district judge erred in refusing to produce wiretap transcripts of the appellant's conversations, requiring a remand for a fresh determination of probable cause.
• United States v. Elmo Valencia
  541 F.2d 618· 6th Cir.· 1976-09-02 ·cited 16×
  The court held that while a government informant's intrusion into an attorney-client relationship requires relief, a showing of prejudice is generally necessary for defendants to obtain a new trial or dismissal, unless the intrusion was gross.
• United States ex rel. John J. Pella v. Reid
  527 F.2d 380· 2d Cir.· 1975-12-11 ·cited 16×
• United States v. Enid Salter
  521 F.2d 1326· 2d Cir.· 1975-08-15 ·cited 16×
  The court held that the Border Patrol agents' stop and interrogation of the defendant and the two women were based on reasonable suspicion, making the evidence found admissible.
• United States v. McCONNELL
  500 F.2d 347· 5th Cir.· 1974-09-12 ·cited 16×
  The court held that the defendant McConnell lacked standing to contest the search of a vehicle driven by another individual, and that the evidence against both defendants was sufficient for conviction.
• Manning v. Gale Jarnigan
  501 F.2d 408· 6th Cir.· 1974-07-30 ·cited 16×
  The dissenting judge would find that the appellant voluntarily consented to the search of his automobile and that prosecutorial misconduct and irrelevant evidence prejudiced the appellant, warranting reversal.
• United States v. Sigal
  500 F.2d 1118· 10th Cir.· 1974-07-17 ·cited 16×
  The court held that the warrantless search of the airplane was lawful because it was based on probable cause and exigent circumstances, and therefore the subsequent seizure of marijuana was not tainted.
• United States v. Brown
  487 F.2d 208· 4th Cir.· 1973-11-16 ·cited 16×
  The court held that the detection of the odor of fermenting mash from the curtilage of a barn, without physical entry into a constitutionally protected area, does not constitute an illegal search under the Fourth Amendment.
• James Lawrence L.S.P. #66555 v. Henderson
  478 F.2d 705· 5th Cir.· 1973-06-05 ·cited 16×
  The court held that the state procedural rule requiring pre-trial motions to suppress was not adequately served by the defendant's untimely objection, thus federal courts could review the federal constitutional issue.
• United States v. Love
  472 F.2d 490· 5th Cir.· 1973-01-09 ·cited 16×
  The court held that the search and seizure of counterfeit notes from Sweda's purse were unconstitutional, requiring reversal of her conviction and acquittal for both Sweda and Love.
• United States v. Jennings
  468 F.2d 111· 9th Cir.· 1972-10-04 ·cited 16×
  The court held that the prolonged detention of the appellant at the Sheriff's office for fingerprinting and photographing, without probable cause for arrest, was constitutionally invalid.
• United States v. Langley
  466 F.2d 27· 6th Cir.· 1972-08-29 ·cited 16×
  The court held that the evidence seized from the defendant's dwelling was admissible, and there was sufficient evidence to support the conviction for possessing stolen goods from an interstate shipment.
• United States v. Leal
  460 F.2d 385· 9th Cir.· 1972-05-01 ·cited 16×
  The evidence was insufficient to establish the "founded suspicion" required for a lawful investigatory detention.
• Hall v. United States
  459 F.2d 831· D.C. Cir.· 1971-12-17 ·cited 16×
  The dissenting judge would hold that a search incident to an arrest under a statute later declared unconstitutional should not be invalidated retroactively if the police acted in good faith and with probable cause under the then-existing law.
• United States v. Catalano
  450 F.2d 985· 7th Cir.· 1971-09-23 ·cited 16×
  The court held that the initial stop of the defendants' vehicle was lawful based on reasonable suspicion, and therefore, evidence discovered subsequently was not the fruit of an illegal arrest. The court also found no reversible error regarding the display of inadmissible evidenc
• United States ex rel. Nicholas Cardaio v. Casscles
  446 F.2d 632· 2d Cir.· 1971-06-22 ·cited 16×
  The dissenting judge would reverse and remand, arguing the search was unconstitutional.
• United States v. Breedlove
  444 F.2d 422· 5th Cir.· 1971-06-18 ·cited 16×
  The court held that the arrest was lawful as it was based on probable cause, and even if it were not, the defendants lacked standing to challenge the admission of accomplice testimony tainted by an illegal arrest.
• United States v. Antonelli
  434 F.2d 335· 2d Cir.· 1970-11-24 ·cited 16×
  Statements made to private security guards, even if custodial, do not require Miranda warnings, and evidence discovered as a result is not tainted "fruit of the poisonous tree."
• United States v. Birns
  395 F.2d 943· 6th Cir.· 1968-05-09 ·cited 16×
• Commonwealth OF Mass. v. Painten
  368 F.2d 142· 1st Cir.· 1966-11-10 ·cited 16×
  Evidence obtained as a result of police entry without probable cause or a warrant, which coerced the defendant's actions, is inadmissible.
• Parker L. Hancock v. Nelson
  363 F.2d 249· 1st Cir.· 1966-07-08 ·cited 16×
  The dissent argues that the seizure of evidence (clothes) was the direct fruit of an unconstitutional detention, and that the court's reasoning for admitting such evidence is flawed.
• United States v. Sorce
  325 F.2d 84· 7th Cir.· 1963-11-01 ·cited 16×
  The court held that the agents had probable cause to arrest the defendants without a warrant, and the subsequent seizure of evidence was lawful as incident to that arrest. The court also found no error in evidentiary rulings or the sufficiency of the indictment and proof.