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. Miller
  835 F.2d 187· 8th Cir.· 1987-12-10 ·cited 12×
  The court held that the initial encounter and subsequent searches were permissible under the Fourth Amendment, and therefore the conviction stands.
• United States v. Werner Ernst Gregg and Roswitha Gregg
  829 F.2d 1430· 8th Cir.· 1987-09-22 ·cited 12×
  The court held that evidence obtained from a trash search was admissible, and that telex communications did not fall under Title III's interception requirements. It also found no reversible error in the trial court's rulings regarding evidence, jury instructions, or statutory int
• United States v. Diaz
  814 F.2d 454· 7th Cir.· 1987-03-16 ·cited 12×
  The court held that the warrantless second entry into the defendant's hotel room was lawful under the 'consent once removed' doctrine, and the seizure of evidence was permissible under the plain view doctrine.
• United States v. Miller
  822 F.2d 828· 9th Cir.· 1987-03-11 ·cited 12×
  The court held that the evidence obtained from the San Francisco search warrant was admissible because the warrant was based on independent probable cause, not tainted by the prior illegal search in Atlanta. The court also held that it was not bound by the government's prior conc
• United States v. Eliot Cohen
  796 F.2d 20· 2d Cir.· 1986-06-30 ·cited 12×
  A pretrial detainee retains a Fourth Amendment right to challenge a warrantless cell search initiated by the prosecution for investigatory purposes, not for institutional security.
• United States v. Takeo Matsushita
  794 F.2d 46· 2d Cir.· 1986-06-24 ·cited 12×
  The court held that the district court's findings regarding probable cause for the initial seizure and the waiver of Miranda rights were ambiguous and required clarification, thus remanding those issues. Other claims were rejected.
• United States v. Morales
  788 F.2d 883· 2d Cir.· 1986-04-16 ·cited 12×
  The court held that the initial unwarned statement, used to establish probable cause for arrest, tainted subsequent statements and evidence, requiring suppression.
• Stawicki v. Thomas Israel & the Attorney Gen. of the State of Wis.
  778 F.2d 380· 7th Cir.· 1985-12-04 ·cited 12×
  The court held that a subsequent confession made after proper Miranda warnings is not automatically suppressed as fruit of the poisonous tree, even if initial on-street questioning violated Miranda, provided the confession itself was voluntary. The court also found the waiver of
• Ward v. State
  453 So. 2d 517· Fla. 2d DCA· 1984-08-01 ·cited 12×
  Jerry Maurice Ward appeals his grand theft conviction, arguing the stolen property should have been suppressed as the fruit of an unlawful stop. The appellate court agrees, finding the stop lacked constitutional justification and reversing the conviction.
• Freeman v. State
  450 So. 2d 301· Fla. 5th DCA· 1984-05-17 ·cited 12×
  A defendant may appeal a conditional nolo contendere plea where the reserved issue was legally dispositive of the case; here, the prosecutor's statements amounted to a stipulation that the confession was dispositive, and the stop was lawful.
• Christian v. McKASKLE
  731 F.2d 1196· 5th Cir.· 1984-05-14 ·cited 12×
  The court affirmed the dismissal of the habeas corpus petition, finding that the Fourth Amendment claim was barred by Stone v. Powell and the Sixth Amendment claim lacked merit because a motion to suppress would have failed.
• United States v. Butts
  729 F.2d 1514· 5th Cir.· 1984-04-23 ·cited 12×
  The court held that the monitoring of a beeper signal disclosing an aircraft's presence in public airspace does not constitute an unconstitutional search or seizure under the Fourth Amendment, even if the beeper remained installed beyond the warrant's removal date.
• United States v. Hall
  724 F.2d 1055· 2d Cir.· 1983-12-28 ·cited 12×
  The dissenting judge would not reach the admissibility of the initial oral confession because the district court abused its discretion by accepting a conditional guilty plea.
• United States v. White
  706 F.2d 806· 7th Cir.· 1983-05-16 ·cited 12×
  The court held that the search of the flight bag was lawful under the objective reasonableness standard, and thus the seizure of currency was permissible.
• Queen Elizabeth Wiley v. State
  427 So. 2d 283· Fla. 1st DCA· 1983-02-22 ·cited 12×
  Queen Elizabeth Wiley was convicted of aggravated battery (a lesser included offense of the first degree murder charge) in the death of Patricia Hill. On appeal, Wiley challenged the admission of her confessions obtained after a hypnosis session, alleged racial discrimination in
• Folston v. Allsbrook
  691 F.2d 184· 4th Cir.· 1982-09-27 ·cited 12×
  The court held that the district court did not err in denying a habeas corpus evidentiary hearing and in finding no constitutional error in the admission of evidence at the state trial.
• United States v. Jacobsen
  683 F.2d 296· 8th Cir.· 1982-07-27 ·cited 12×
  A warrantless chemical analysis of a package's contents by federal agents, exceeding the scope of a prior private search, violates the Fourth Amendment.
• United States v. Swart
  679 F.2d 698· 7th Cir.· 1982-06-03 ·cited 12×
  The court held that a warrantless search of vehicle identification numbers on closed business premises, even if visible from an area generally open to the public, violates the Fourth Amendment when the business is closed and the area is not demonstrably open to the public.
• Moore v. Ballone
  658 F.2d 218· 4th Cir.· 1981-08-20 ·cited 12×
  The court held that the prolonged custodial interrogation of the defendant without timely Miranda warnings violated his constitutional rights, and any subsequent statements were tainted.
• A. L. B. a juvenile v. State
  399 So. 2d 483· Fla. 3d DCA· 1981-06-09 ·cited 12×
  The Florida District Court of Appeal affirmed the adjudication of a juvenile as delinquent for burglary and petit theft, holding that police had a valid basis to stop the juvenile based on observations of suspicious conduct near a residence, and that any potential constitutional
• Wimberly v. State
  393 So. 2d 37· Fla. 3d DCA· 1981-01-20 ·cited 12×
  Beatrice Wimberly was convicted of first-degree murder in the death of her adopted daughter and sentenced to life imprisonment. She appealed, arguing her confession to the Public Safety Department should be suppressed as fruit of an earlier, unlawful statement given to Opa Locka
• Brown v. State
  392 So. 2d 280· Fla. 1st DCA· 1980-12-02 ·cited 12×
  The Florida Court of Appeal reversed a drug conviction because the warrantless entry into the defendant's home to arrest him violated the Fourth Amendment under Payton v. New York. The court allowed suppression of evidence seized during the arrest but upheld the search warrant ev
• United States v. Michael
  622 F.2d 744· 5th Cir.· 1980-07-28 ·cited 12×
  The warrantless installation of an electronic tracking device (beeper) on a private vehicle, absent exigent circumstances, constitutes a search violating the Fourth Amendment, requiring judicial authorization.
• United States v. Santora
  619 F.2d 1052· 5th Cir.· 1980-06-23 ·cited 12×
  The court held that the FBI agents had reasonable suspicion to conduct an investigatory stop of the appellant based on specific articulable facts, and therefore the evidence obtained was admissible.
• United States v. Stanley
  597 F.2d 866· 4th Cir.· 1979-05-03 ·cited 12×
  The court held that the Mannlicher pistol was lawfully seized based on voluntary consent, but the Gewehrlaufstal shotgun was unlawfully seized as it was outside the scope of the warrant. The court also reversed the conviction on Count II due to a duplicitous indictment and an amb
• United States v. Lowe
  569 F.2d 1113· 10th Cir.· 1978-01-20 ·cited 12×
  The court held that the trial court did not err in denying motions for acquittal or mistrial, in allowing the mother to identify her child, or in refusing to allow the defendant to change counsel late in the trial.
• United States v. Wright
  565 F.2d 486· 8th Cir.· 1977-11-07 ·cited 12×
  The court held that the totality of articulable facts known to the officers at the time of the investigatory stop warranted the stop under the Fourth Amendment. The district court erred in granting the motion to suppress and judgment of acquittal.
• Anastasios Katris v. Immigr. & Naturalization Serv.
  562 F.2d 866· 2d Cir.· 1977-09-07 ·cited 12×
  An illegal arrest of an alien unlawfully in the United States does not void a subsequent deportation order if the alien admits their status at the deportation hearing.
• United States v. Esparza
  546 F.2d 841· 9th Cir.· 1976-12-16 ·cited 12×
  The court held that inaccuracies in an arrest warrant affidavit, even if not made in bad faith, can invalidate the warrant if they are sufficiently misleading to prevent a magistrate from exercising independent judgment regarding probable cause.
• State v. Muscara
  334 So. 2d 167· Fla. 3d DCA· 1976-06-02 ·cited 12×
  The State appeals an order suppressing tapes of conversations related to the appellee's charge of buying, receiving, and concealing stolen property. The court held that while the initial taped telephone conversation was inadmissible due to the informant's lack of consent testimon
• Theo George Fotianos v. State
  329 So. 2d 397· Fla. 1st DCA· 1976-04-01 ·cited 12×
  Defendants appealed convictions for marijuana possession after police surveillance and warrantless search. The court affirmed, holding that the IRS properly shared information, visual surveillance independently justified the search despite an electronic beeper, and sufficient pro
• United States v. Rodriguez
  532 F.2d 834· 2d Cir.· 1976-03-11 ·cited 12×
  The dissenting judge would have dismissed the indictment, finding the entire prosecution tainted by an unlawful warrantless entry into the home.
• United States v. Garcia
  516 F.2d 318· 9th Cir.· 1975-05-19 ·cited 12×
  Even if the initial stop at the checkpoint was illegal, the defendant's subsequent flight and the ensuing chase provided independent probable cause for his arrest and the search of his vehicle.
• Earnest v. State
  293 So. 2d 111· Fla. 1st DCA· 1974-04-18 ·cited 12×
  Appellant challenges the denial of his motion to suppress drugs found during a warrantless search of his boat by a U.S. customs official. The court held the search violated the Fourth Amendment because it was not a lawful border search and lacked probable cause or warrant authori
• Randall v. Estelle
  492 F.2d 118· 5th Cir.· 1974-04-04 ·cited 12×
  The court held that the district court erred in denying habeas relief without an evidentiary hearing to determine if the petitioner's trial testimony was voluntarily given or impelled by an illegally obtained confession.
• United States ex rel. Gilbert John Gaugler v. Brierley
  477 F.2d 516· 3d Cir.· 1973-04-16 ·cited 12×
  A federal court, in a habeas corpus proceeding challenging a state conviction, may consider sworn oral testimony presented to a state judicial officer in support of a search warrant application, even if the affidavit alone is insufficient to establish probable cause.
• Gore v. State
  237 So. 2d 243· Fla. 1st DCA· 1970-07-09 ·cited 12×
  Appellant's conviction for robbery was affirmed where evidence obtained from a consensual search of a car was admissible despite Fourth Amendment challenge.
• United States v. Diaz
  427 F.2d 636· 1st Cir.· 1970-06-08 ·cited 12×
  The court held that statements made by the defendant at the draft board were inadmissible due to lack of Miranda warnings, but the admission of this evidence was harmless error. The court also affirmed the constitutionality of the Selective Service Act.
• Kauffmann v. United States
  414 F.2d 1022· 8th Cir.· 1969-08-11 ·cited 12×
  The court held that convictions could be affirmed based on counts not affected by alleged illegal search and seizure, and that failure to call a witness was not prejudicial misconduct.
• United States v. Ruffin
  389 F.2d 76· 7th Cir.· 1968-01-23 ·cited 12×
  The court held that the evidence establishing the stolen nature of the vehicle was the direct product of an illegal arrest, thus requiring reversal of the convictions.
• United States v. Martin
  386 F.2d 213· 3d Cir.· 1967-12-04 ·cited 12×
  The court held that even if police presence was illegal, the arrest and search were valid because the evidence was obtained through the defendant's voluntary abandonment and independent probable cause, not exploitation of illegality.
• Bolger v. Cleary
  293 F.2d 368· 2d Cir.· 1961-08-04 ·cited 12×
  A federal court has the power to enjoin a state official from testifying in state proceedings about information learned through cooperation with federal officials during an illegal search and seizure and detention.
• Wong SUN and James Wah Toy v. United States
  288 F.2d 366· 9th Cir.· 1961-03-10 ·cited 12×
  The convictions should be set aside because the government's case was developed using information obtained after an illegal entry into the appellant's home.
• United States v. Costello
  247 F.2d 384· 2d Cir.· 1957-07-22 ·cited 12×
  The court held that the trial court's dismissal of the denaturalization action without prejudice was an unwarranted summary step, and the case must be remanded for further proceedings.
• United States v. Benanti
  244 F.2d 389· 2d Cir.· 1957-05-06 ·cited 12×
  Evidence obtained by state officers through illegal wiretapping is admissible in federal court if federal officers did not participate in or benefit from the wiretap.
• Pflegl v. State
  93 So. 2d 75· Fla.· 1957-02-20 ·cited 12×
  Pflegl was convicted of breaking and entering a filling station with intent to commit a felony and sentenced to three years. The Florida Supreme Court affirmed, holding that the warrantless arrest was lawful based on probable cause established by an informant's tip and the discov
• Luna v. State
  154 So. 3d 1181· Fla. 4th DCA· 2015-01-07 ·cited 11×
  Carlos Luna appealed his drug conviction, challenging the trial court's denial of his motion to suppress evidence obtained via search warrant. Luna claimed the warrant affidavit was defective because it omitted an earlier illegal search of his home by a road patrol officer. The a
• Willis v. State
  148 So. 3d 480· Fla. 2d DCA· 2014-09-19 ·cited 11×
  Matthew Willis appeals his conviction for twenty counts of possession of child pornography after images were found on his cell phone during a warrantless search incident to a traffic stop. The court reversed and remanded, holding that the warrantless search violated the Fourth Am
• State v. Nowak
  1 So. 3d 215· Fla. 5th DCA· 2008-12-05 ·cited 11×
  The State appeals a suppression order in a case involving astronaut Lisa Marie Nowak. The trial court suppressed both her statements to police and evidence from her vehicle. The appellate court affirmed suppression of the statements due to lack of Miranda waiver and voluntariness
• Jacoby v. State
  851 So. 2d 913· Fla. 2d DCA· 2003-08-13 ·cited 11×
  The court held that the evidence seized was the fruit of an illegal detention, and therefore should have been suppressed.