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

• United States v. Young
  512 F.2d 321· 4th Cir.· 1975-03-17 ·cited 14×
  The court held that the totality of circumstances constituted probable cause for arrest, and an unlawful arrest does not per se make inadmissible positive identification testimony.
• United States v. McSURELY
  473 F.2d 1178· D.C. Cir.· 1972-12-20 ·cited 14×
  The court held that the convictions for contempt must be reversed because the government failed to establish the pertinency of the subpoenaed demands to the valid subject of the legislative inquiry.
• United States v. Davis
  459 F.2d 458· 9th Cir.· 1972-04-10 ·cited 14×
  The court held that the initial investigatory stop was unjustified, rendering subsequent evidence inadmissible.
• United States v. Lamonge
  458 F.2d 197· 6th Cir.· 1972-03-29 ·cited 14×
  The court held that even though wiretap evidence was obtained illegally and admitted improperly, the cautionary instructions to the jury were sufficient to cure any prejudice, especially given the defendant's exclusive reliance on an entrapment defense.
• United States v. Brown
  425 F.2d 1172· 9th Cir.· 1970-04-24 ·cited 14×
  The court held that the statute protecting mail applies until the addressee receives it, but reversed a conviction for aiding and abetting due to insufficient proof of specific intent.
• United States v. Habig
  413 F.2d 1108· 7th Cir.· 1969-07-28 ·cited 14×
• Knight v. State
  212 So. 2d 900· Fla. 3d DCA· 1968-07-30 ·cited 14×
  The court held that the trial judge correctly denied the motion to suppress evidence found in the automobile.
• Outten v. State
  197 So. 2d 594· Fla. 2d DCA· 1967-03-17 ·cited 14×
  William A. Outten was convicted of larceny of an automobile after a bench trial in Pinellas County Circuit Court. On appeal, the Florida District Court of Appeal, Second District, reversed and remanded because the trial court improperly admitted incriminating statements made in a
• Bell v. United States
  371 F.2d 35· 9th Cir.· 1967-01-11 ·cited 14×
  An arrest is lawful if the arresting officer has probable cause, even if an arrest warrant obtained is later found to be invalid.
• United States v. Masini
  358 F.2d 100· 6th Cir.· 1966-03-24 ·cited 14×
  The court held that the arrest and subsequent searches were lawful, and the evidence obtained was admissible, affirming the conviction.
• Fletcher v. United States
  295 F.2d 179· D.C. Cir.· 1961-09-29 ·cited 14×
  The court held that the evidence did not support a claim of entrapment, and the defendant was predisposed to commit the crime.
• United States v. Merritt
  293 F.2d 742· 3d Cir.· 1961-07-12 ·cited 14×
  Evidence obtained from an unlawful search and seizure, even if it clearly establishes guilt, must be suppressed. An invalid search warrant renders the subsequent entry and seizure unlawful.
• United States v. Giglio
  232 F.2d 589· 2d Cir.· 1956-04-20 ·cited 14×
  The court held that the appellants' convictions for tax law violations and conspiracy were valid, and that their constitutional rights were not violated by the use of evidence.
• United States v. Krulewitch
  167 F.2d 943· 2d Cir.· 1948-05-11 ·cited 14×
  The court held that no reversible error was demonstrated in the conviction, affirming the judgment.
• United States v. Bayer
  156 F.2d 964· 2d Cir.· 1946-08-14 ·cited 14×
  The court held that the exclusion of evidence regarding a telephone call and the admission of Radovich's confession were errors requiring reversal. The court also found that the issue of double jeopardy for Radovich required further factual determination.
• State v. Hernandez
  841 So. 2d 469· Fla. 3d DCA· 2002-11-27 ·cited 13×
  Florida appeals a trial court's order granting a defendant's motion to suppress all pre-trial and courtroom identifications. The appellate court reverses, holding the motion was legally insufficient under Florida criminal procedure rules and, alternatively, that the show-up ident
• Ames v. State
  739 So. 2d 699· Fla. 1st DCA· 1999-09-03 ·cited 13×
  Miranda Ames was convicted of cocaine trafficking based on evidence obtained following her arrest during a bus boarding operation. The appellate court reversed, holding that Ames was arrested without probable cause and that all evidence derived from the unlawful arrest—including
• The United States v. Cooper
  949 F.2d 737· 5th Cir.· 1991-12-13 ·cited 13×
  The court held that invoking the Sixth Amendment right to counsel does not automatically invoke the Fifth Amendment right to counsel, and that a vehicle can be seized without a warrant if police have probable cause to believe it is evidence or an instrument of a crime.
• United States v. Tham
  960 F.2d 1391· 9th Cir.· 1991-11-05 ·cited 13×
  The court held that the district court did not err in denying the defendant's motions and issuing jury instructions, affirming his conviction and sentence.
• United States v. Jefferson
  906 F.2d 346· 8th Cir.· 1990-06-21 ·cited 13×
  The court must suppress evidence obtained from a Fourth Amendment seizure that occurred before reasonable suspicion was established, despite the officer's good faith and discovery of contraband.
• Fritz W. Hintze v. Internal Revenue Serv.
  879 F.2d 121· 4th Cir.· 1989-07-13 ·cited 13×
  Compliance with an IRS summons enforcement order moots the appeal of that order. The court affirmed summary enforcement of summonses where the taxpayer failed to provide sufficient evidence of IRS abuse.
• State v. Maier
  378 So. 2d 1288· Fla. 3d DCA· 1979-12-28 ·cited 13×
  Florida and Busiello appeal from a trial court's suppression of eyewitness identifications following an illegal seizure of jewelry in an unrelated jurisdiction. The court holds that the connection between the illegal seizure and the identifications became so attenuated that the i
• United States v. Molt
  599 F.2d 1217· 3d Cir.· 1979-05-29 ·cited 13×
  The court held that the Lacey Act applies only to foreign laws specifically designed for wildlife protection, not general revenue or export laws. Therefore, dismissal of counts based on Fiji law was affirmed, but reversal was granted for counts based on Papua New Guinea law.
• Carpenter v. United States
  463 F.2d 397· 10th Cir.· 1972-07-13 ·cited 13×
  The court held that the trial court did not err in admitting testimony, denying severance motions, or denying suppression and discovery motions, finding that any potential errors were either harmless or properly handled.
• Betancourt v. State
  224 So. 2d 378· Fla. 3d DCA· 1969-06-17 ·cited 13×
  Henry Betancourt was convicted of marijuana possession based on evidence obtained during and after an illegal arrest. The appellate court reversed and remanded, holding that his arrest lacked probable cause and that his confession regarding marijuana in a taxicab was fruit of the
• United States v. Knights
  989 F.3d 1281· 11th Cir.· 2021-03-10 ·cited 12×
  Anthony Knights, a felon, was convicted of possessing firearms and ammunition after police officers approached his parked car in the early morning hours and smelled marijuana, leading to a search that revealed the weapons. The Eleventh Circuit affirmed his conviction, holding tha
• State v. Dickey
  203 So. 3d 958· Fla. 1st DCA· 2016-10-13 ·cited 12×
  Florida appeals the suppression of cocaine found on Dickey following a search incident to arrest on an outstanding warrant. The court affirms suppression, holding that the taint of the deputy's unlawful detention and seizure was not purged by discovery of the warrant because the
• Ruilova v. State
  125 So. 3d 991· Fla. 2d DCA· 2013-06-28 ·cited 12×
  Frank Ruilova appeals his convictions for trafficking in oxycodone and obtaining drugs by fraud, challenging the trial court's denial of his motion to suppress evidence obtained during a police investigation. Following the precedent of Mullis v. State, the court affirms the convi
• State v. Barnes
  979 So. 2d 991· Fla. 4th DCA· 2008-02-13 ·cited 12×
  The State appealed the trial court's suppression of all evidence from an illegal pat-down frisk of a bicycle rider. The court held that while the frisk was illegal, an outstanding arrest warrant constituted an intervening circumstance that purged the taint of illegality as to evi
• Wheeler v. State
  956 So. 2d 517· Fla. 2d DCA· 2007-05-04 ·cited 12×
  Justin Chad Wheeler was convicted of drug trafficking and other offenses following a warrantless search of his home and person. The Florida District Court of Appeal reversed his convictions, finding that the deputies lacked a reasonable basis to believe an emergency existed justi
• Green v. State
  831 So. 2d 1243· Fla. 2d DCA· 2002-12-13 ·cited 12×
  Leroy Green was arrested after police conducted a warrantless pat-down search that yielded crack cocaine and marijuana. The court reversed his conviction, holding that the officers lacked probable cause or reasonable suspicion to search Green individually, even though marijuana s
• Allen v. State
  703 So. 2d 1162· Fla. 2d DCA· 1997-12-10 ·cited 12×
  Bernard Allen appealed the denial of his motion to suppress evidence of drug paraphernalia found during a police encounter. The Florida District Court of Appeal, Second District, held that the initial direction for Allen to exit his vehicle constituted an unlawful investigatory s
• Gipson v. State
  667 So. 2d 418· Fla. 5th DCA· 1996-01-19 ·cited 12×
  The court held that the officers' commands transformed a consensual encounter into an illegal seizure, requiring suppression of the evidence obtained.
• United States v. Horn
  970 F.2d 728· 10th Cir.· 1992-07-21 ·cited 12×
  The court held that the initial stop was justified by reasonable suspicion, the subsequent investigation was within constitutional bounds, and any statements made after Miranda warnings were admissible.
• Whiting v. State
  595 So. 2d 1070· Fla. 2d DCA· 1992-03-13 ·cited 12×
  The court held that the stop was unlawful because the anonymous tip lacked sufficient indicia of reliability and was not corroborated by independent evidence of criminal activity.
• United States v. SIX Hundred Thirty-Nine Thousand Five Hundred & Fifty-Eight Dollars ($639
  955 F.2d 712· D.C. Cir.· 1992-02-07 ·cited 12×
  The court did not explicitly state a holding as this is a concurring opinion. The majority opinion, which this concurrence partially disagrees with, likely addressed the inevitable discovery exception.
• United States v. Watson
  953 F.2d 895· 5th Cir.· 1992-01-31 ·cited 12×
  The court held that the officers had reasonable suspicion for the investigatory stop based on the totality of the circumstances, and that the sentencing disparity between crack and powder cocaine does not violate constitutional due process or equal protection.
• Smith v. State
  592 So. 2d 1239· Fla. 2d DCA· 1992-01-31 ·cited 12×
  Homer Smith was convicted of carrying a concealed weapon after police found a pistol during a frisk. The court reversed the conviction, holding that the officer improperly transformed a consensual encounter into a warrantless stop and search lacking probable cause or reasonable s
• United States v. Galvan
  953 F.2d 1098· 8th Cir.· 1992-01-14 ·cited 12×
  The court held that the airport encounter and subsequent search of the defendant's suitcase were consensual, and the district court did not err in denying the motion to suppress.
• Stanton v. State
  576 So. 2d 925· Fla. 1st DCA· 1991-03-27 ·cited 12×
  The court held that the officer lacked a founded suspicion to initiate an investigatory stop of the vehicle, rendering subsequent evidence inadmissible.
• State v. Mahoy
  575 So. 2d 779· Fla. 5th DCA· 1991-03-07 ·cited 12×
  A law enforcement officer may order a driver to exit their vehicle if the vehicle has been lawfully detained for a traffic violation, even without specific suspicion of danger.
• United States v. Aurelio Carrasco Lechuga and Samuel Lechuga
  925 F.2d 1035· 7th Cir.· 1991-02-22 ·cited 12×
  The court held that the investigatory stop of the defendants' vehicle was supported by reasonable suspicion, and the subsequent searches of the vehicle trunk and apartment were constitutional based on voluntary consent. Therefore, the convictions are affirmed.
• State v. Bartee
  568 So. 2d 523· Fla. 1st DCA· 1990-10-22 ·cited 12×
  Florida appeals the suppression of crack cocaine evidence obtained when an officer chased an unjustifiably detained suspect who then threw the contraband. The court affirms suppression, holding that the trial court properly found the abandonment was involuntary and a product of t
• United States v. Stanley
  915 F.2d 54· 1st Cir.· 1990-10-04 ·cited 12×
  The court held that the investigatory stop and subsequent actions of the officers were justified under the Terry v. Ohio standard, based on the totality of the circumstances and the officers' experience.
• Ottney v. State
  571 So. 2d 20· Fla. 2d DCA· 1990-07-13 ·cited 12×
  The appellate court reversed a conviction based on a no contest plea, finding that the initial police stop of the defendant was unlawful. The court determined the officer lacked a founded suspicion of criminal activity to justify the stop, making the subsequent seizure of evidenc
• State v. Taylor
  557 So. 2d 941· Fla. 2d DCA· 1990-03-09 ·cited 12×
  The Florida District Court of Appeal reversed a circuit court's order suppressing cocaine found during a traffic stop and subsequent search of James Taylor's vehicle. The court held that the traffic stop was valid because Taylor committed a civil traffic violation that officers c
• Charles v. Smith
  894 F.2d 718· 5th Cir.· 1990-02-20 ·cited 12×
  The court held that the arrest was supported by probable cause, thus the identification was not tainted. However, the court found a Miranda violation regarding the 'blue jacket' statement, but deemed it harmless error.
• United States v. Gillenwaters
  890 F.2d 679· 4th Cir.· 1989-11-29 ·cited 12×
  The court held that even if a search warrant affidavit contains information obtained from an illegal search, the warrant is valid if the remaining untainted information establishes probable cause.
• United States v. Eni Fernandez
  887 F.2d 564· 5th Cir.· 1989-10-23 ·cited 12×
  The court held that probable cause existed to arrest the defendant, and therefore, the denial of her motion to suppress evidence was not clearly erroneous.
• United States v. Lott
  870 F.2d 778· 1st Cir.· 1989-03-22 ·cited 12×
  The court held that the search of Lott's wrist and the subsequent search of the car violated the Fourth Amendment because the police lacked a reasonable belief that the defendants were armed or that their safety was in danger, and the searches were not justified under the communi