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

• Ratcliff v. State
  783 So. 2d 1099· Fla. 5th DCA· 2001-03-09 ·cited 11×
  Ratcliff appeals the denial of his motion to suppress evidence obtained from a warrantless search of the curtilage behind his retail store, where police discovered a stolen Ryder trailer. The court affirmed, holding that commercial businesses have significantly less Fourth Amendm
• Carrine Sue Fournier v. State
  731 So. 2d 75· Fla. 2d DCA· 1999-04-07 ·cited 11×
  Carrine Fournier challenges her conviction for drug offenses and resisting an officer without violence. The appellate court held that the trial court erred in denying her motion to suppress evidence because the initial police encounter lacked reasonable suspicion, making any subs
• Cooper v. State
  654 So. 2d 229· Fla. 1st DCA· 1995-04-25 ·cited 11×
  When a police officer has no lawful reason to detain a suspect after investigating an initial stop, threatening to bring a drug dog to prevent the suspect's departure constitutes an illegal detention that taints any subsequent consent to search, requiring reversal of a denial of
• United States v. Irej Alex Malekzadeh
  855 F.2d 1492· 11th Cir.· 1988-09-28 ·cited 11×
  The court held that wiretaps were lawful, the exclusionary rule's good faith exception applied, and the retrial did not violate double jeopardy. Sentences were affirmed.
• United States v. Pulido-Baquerizo
  800 F.2d 899· 9th Cir.· 1986-09-23 ·cited 11×
  Passengers impliedly consent to a visual inspection and limited hand search of their luggage if an x-ray scan is inconclusive for weapons or explosives, as a condition of airline travel.
• United States v. Budzyna
  666 F.2d 666· 1st Cir.· 1981-12-04 ·cited 11×
  The court held that the Speedy Trial Act's mandatory dismissal provisions did not apply because the case was initiated by an indictment filed before the effective date of the sanctions, and that the defendant's statements were admissible as they were not fruits of an illegal sear
• Smith v. State
  333 So. 2d 91· Fla. 1st DCA· 1976-06-07 ·cited 11×
  The court held that even if the arrest was unlawful, the convictions must be affirmed because the evidence was voluntarily abandoned and not the fruit of an unlawful search.
• Kilburn v. State
  297 So. 3d 671· Fla. 1st DCA· 2020-05-29 ·cited 10×
  The appellate court reversed a conviction for carrying a concealed weapon, holding that an officer's observation of a handgun in a suspect's waistband, without more, did not establish reasonable suspicion for a Terry stop. The court rejected the trial court's reliance on a case t
• Lollie v. State
  14 So. 3d 1078· Fla. 1st DCA· 2009-06-03 ·cited 10×
  The court held that the warrantless entry into the appellant's backyard constituted an unlawful search, tainting the subsequently obtained evidence.
• Falls v. State
  953 So. 2d 627· Fla. 4th DCA· 2007-03-28 ·cited 10×
  Eugene Falls was arrested based on an outstanding warrant discovered during a consensual police encounter in an industrial park. He appealed the denial of his motion to suppress drugs found during a search incident to the arrest, arguing the initial encounter was an unlawful stop
• Kervince Oslin v. State
  912 So. 2d 672· Fla. 5th DCA· 2005-10-14 ·cited 10×
  Kervince Oslin appeals his convictions for possession of cocaine and resisting an officer, challenging the denial of his motion to suppress. The Fifth District reversed, holding that the officer's use of an air horn and jump from his patrol car transformed an initial consensual e
• Nicol v. State
  892 So. 2d 1169· Fla. 5th DCA· 2005-02-04 ·cited 10×
  Martin Nicol appeals the denial of his motion to withdraw his guilty plea to conspiracy to commit robbery. The trial court applied the wrong legal standard by focusing on whether a suppression motion would have succeeded, rather than whether the plea was infected by misapprehensi
• Rogers v. State
  844 So. 2d 728· Fla. 5th DCA· 2003-05-09 ·cited 10×
  Justin Rogers was convicted of first-degree murder and sentenced to life imprisonment. On appeal, he challenged the trial court's erroneous decision to allow the State to reopen its case mid-trial and introduce a previously suppressed confession in response to defense counsel's c
• State v. Will Perkins
  760 So. 2d 85· Fla.· 2000-04-27 ·cited 10×
  The Florida Supreme Court held that a defendant's identity and observations obtained from an unlawful traffic stop must be suppressed as fruit of the poisonous tree when the stop was conducted solely to check the driver's license status. The court rejected prior Third and Second
• Zelinski v. State
  695 So. 2d 834· Fla. 2d DCA· 1997-06-18 ·cited 10×
  The court held that the officer's request for the defendant to exit the vehicle transformed a consensual encounter into an illegal investigatory stop without reasonable suspicion.
• Ware v. State
  679 So. 2d 3· Fla. 2d DCA· 1996-05-03 ·cited 10×
  A driver's identity discovered as a result of an unlawful search and seizure is not subject to suppression.
• O'Neal v. State
  649 So. 2d 311· Fla. 3d DCA· 1995-01-25 ·cited 10×
  Four defendants appealed county court convictions for driving with a suspended license, arguing that their identities obtained during allegedly illegal stops should be suppressed as fruit of the poisonous tree. The Florida Third District Court of Appeal held that a defendant's ac
• United States v. Foppe
  993 F.2d 1444· 9th Cir.· 1993-05-25 ·cited 10×
  The court held that observations of Foppe's appearance were not fruit of the poisonous tree, that the government's argument regarding consciousness of guilt was permissible, that the in-court identification was independent, that the jury instructions were proper, and that sentenc
• United States v. Brown
  984 F.2d 1074· 10th Cir.· 1993-01-21 ·cited 10×
  The court held that even if a portion of a search warrant is overbroad, it can be severed, and evidence seized under the valid portions, or in plain view during lawful execution, is admissible.
• Springle v. State
  613 So. 2d 65· Fla. 4th DCA· 1993-01-13 ·cited 10×
  Two consolidated cases where defendants stopped for speeding were placed in a locked police vehicle without probable cause or articulable suspicion and secretly recorded. The court reversed the denial of the motion to suppress, holding that the placement in the locked vehicle con
• Hal A. Davis, Jr. v. State
  606 So. 2d 460· Fla. 1st DCA· 1992-10-12 ·cited 10×
  Hal Davis Jr. challenged his conviction for cannabis possession, arguing the deputy lacked reasonable suspicion to stop his vehicle. The court reversed, finding the stop pretextual and unsupported by either the vague anonymous tip or the disputed justification about driving on th
• United States v. Silva
  957 F.2d 157· 5th Cir.· 1992-03-18 ·cited 10×
  The court held that the seizure of the handgun was supported by reasonable suspicion, and the defendant's prior Texas burglary convictions qualified for sentence enhancement under 18 U.S.C. § 924(e).
• COX v. State
  586 So. 2d 1321· Fla. 2d DCA· 1991-10-04 ·cited 10×
  Willie Cox pleaded no contest to drug possession charges while reserving the right to appeal the denial of his motion to suppress. The Florida appellate court reversed, holding that the initial traffic stop lacked reasonable suspicion because the officer's description of a stolen
• United States v. Madison
  936 F.2d 90· 2d Cir.· 1991-06-13 ·cited 10×
  The court held that a police officer questioning a passenger on a bus about to depart does not constitute a Fourth Amendment seizure if the passenger voluntarily entered the confined space and was not subjected to physical force or a show of authority compelling compliance.
• Woodson v. State
  579 So. 2d 381· Fla. 5th DCA· 1991-05-16 ·cited 10×
  William Woodson was arrested for possession of a firearm by a convicted felon after police stopped and searched him following a dispatch call about suspicious persons in a parked car. The Florida appellate court reversed the denial of Woodson's motion to suppress, holding that th
• United States v. Villegas
  928 F.2d 512· 2d Cir.· 1991-03-12 ·cited 10×
  The court held that the investigative stop was supported by reasonable suspicion, the search of the bag was consensual, and the Miranda warnings given to Gonzalez, though imperfectly administered, were sufficient.
• United States v. Taylor
  917 F.2d 1402· 6th Cir.· 1990-10-25 ·cited 10×
  The court held that the contraband must be suppressed as it was the direct consequence of an illegal arrest.
• Aguila v. State
  567 So. 2d 1007· Fla. 3d DCA· 1990-10-09 ·cited 10×
  Ivan Aguila was convicted of grand theft based on evidence obtained from a vehicle stop that lacked reasonable suspicion. The Florida appellate court reversed the conviction, holding that the officer's stop was illegal because the observed conduct—driving through a parking lot at
• United States v. Soule
  908 F.2d 1032· 1st Cir.· 1990-07-13 ·cited 10×
  The court held that the defendant lacked standing to challenge the investigatory stop of a co-defendant's vehicle and that the search warrant was validly issued based on probable cause derived from a corroborated informant's tip.
• Lucien v. State
  557 So. 2d 918· Fla. 4th DCA· 1990-03-07 ·cited 10×
  Appellant was arrested for loitering and prowling after an early-morning encounter with police, searched incidental to the arrest, and cocaine was found. The appellate court reversed, holding that the officer lacked probable cause for the misdemeanor arrest, making the seizure il
• Johnie W. Wallace v. State
  557 So. 2d 212· Fla. 2d DCA· 1990-02-23 ·cited 10×
  The appellate court reversed a conviction for possession of cocaine, finding the trial court erred in denying the motion to suppress the cocaine seized from the trunk of the vehicle, but affirmed the conviction for resisting arrest with force and violence.
• United States v. Timberlake
  896 F.2d 592· D.C. Cir.· 1990-02-23 ·cited 10×
  The court held that the officers' warrantless entry into the apartment was unreasonable and not justified by exigent circumstances, and that any subsequent consent to search was tainted by the illegal entry.
• United States v. Santana
  895 F.2d 850· 1st Cir.· 1990-02-08 ·cited 10×
  The court held that the police had probable cause to stop and search the defendants' vehicle, making the seized cocaine admissible evidence.
• Melton v. State
  546 So. 2d 444· Fla. 1st DCA· 1989-07-07 ·cited 10×
  The court held that the arrest for trespass was lawful, and thus the evidence seized was admissible, but remanded for correction of clerical errors in the judgment and commitment.
• Tongue v. State
  544 So. 2d 1173· Fla. 5th DCA· 1989-06-15 ·cited 10×
  Kenneth Matthew Tongue was convicted of second degree murder and appealed the trial court's denial of his motion to suppress evidence and statements obtained after his arrest in Maryland. The Fifth District affirmed, holding that Tongue had no legitimate expectation of privacy in
• State v. Williams
  538 So. 2d 1346· Fla. 4th DCA· 1989-02-22 ·cited 10×
  Florida appeals a trial court's order suppressing cocaine evidence against Joyce Williams on the ground that the defendant lacked actual or constructive possession. The appellate court reverses, holding that possession is an element of the crime, not a proper ground for a suppres
• State v. Montano
  527 So. 2d 916· Fla. 3d DCA· 1988-06-28 ·cited 10×
  Florida appeals the suppression of cocaine found during an unlawful pretextual stop of a vehicle. The court holds that a passenger in an unlawfully stopped car has standing to challenge both the stop and the search, even without a property interest in the vehicle, because the pas
• Rice v. State
  525 So. 2d 509· Fla. 4th DCA· 1988-06-01 ·cited 10×
  Gary Rice appealed his DUI conviction, claiming that a law enforcement officer's failure to offer him a pre-arrest breath test as authorized under Florida Statute § 316.1932(1)(b) violated his rights and should result in dismissal or suppression of evidence. The Fourth District C
• Carter v. State
  516 So. 2d 312· Fla. 3d DCA· 1987-12-08 ·cited 10×
  Robert Carter appeals his convictions for burglary and grand theft following nolo contendere pleas. The Florida Third District Court of Appeal reversed, holding that the trial court erred in denying Carter's motion to suppress evidence and statements obtained after an unlawful ar
• United States v. Oliverio Cruz
  834 F.2d 47· 2d Cir.· 1987-11-20 ·cited 10×
  The court held that law enforcement had probable cause to arrest the defendant when his truck was stopped, and the subsequent warrantless search of the truck was justified under the automobile exception.
• United States v. Josan Wolf Patino
  830 F.2d 1413· 7th Cir.· 1987-09-10 ·cited 10×
  The court held that the warrantless search of Patino's home violated the Fourth Amendment, and her first confession, made shortly after the illegal search, must be suppressed as fruit of the poisonous tree. The admissibility of the second confession was remanded.
• United States v. Salgado
  807 F.2d 603· 7th Cir.· 1986-12-05 ·cited 10×
  Evidence seen during a potentially unlawful warrantless search is admissible if later seized pursuant to a valid warrant, provided the warrant would have been obtained independently of the initial search.
• Jackson v. Scully
  781 F.2d 291· 2d Cir.· 1986-01-14 ·cited 10×
  The court held that the appellant's Sixth Amendment confrontation claim, Fourth Amendment illegal arrest claim, and Fifth Amendment Miranda rights claim were procedurally defaulted and barred from federal habeas review, and that the evidence was sufficient for conviction.
• State v. Egar Gonzalez
  467 So. 2d 723· Fla. 3d DCA· 1985-03-26 ·cited 10×
  The State appealed from a trial court's dismissal of aggravated battery and manslaughter charges against a physician who performed an abortion on a minor, and from an order suppressing medical records and statements. The appellate court affirmed the dismissal but reversed the sup
• United States v. Addison E. Berisford, Jr.
  750 F.2d 57· 10th Cir.· 1984-12-06 ·cited 10×
  The court held that the search warrants were adequate in form and supported by probable cause under the totality of the circumstances analysis.
• Jones v. Superintendent OF Rahway State Prison & The Attorney Gen. of the State of N.J.
  725 F.2d 40· 3d Cir.· 1984-01-06 ·cited 10×
  The court affirmed the denial of habeas corpus relief, not because of failure to exhaust state remedies, but because the petitioner's claims were not cognizable in a federal habeas corpus proceeding.
• State v. Williams
  443 So. 2d 952· Fla.· 1983-12-08 ·cited 10×
  The Florida Supreme Court reviewed a district court's decision that reversed the denial of a motion to suppress warrantless tape recordings of telephone conversations made from the respondent's home, finding that such recordings may violate constitutional privacy rights.
• Costello v. State
  442 So. 2d 990· Fla. 1st DCA· 1983-11-07 ·cited 10×
  Michael Costello appeals his cannabis manufacturing conviction, challenging the legality of a warrantless aerial search and subsequent seizure of marijuana from his rural property. The Florida First District Court of Appeal affirmed the denial of his suppression motions, holding
• United States v. Beale
  731 F.2d 590· 9th Cir.· 1983-10-24 ·cited 10×
  The court held that the Supreme Court's decision in United States v. Place dictates that a dog sniff of luggage in a public place does not constitute a "search" under the Fourth Amendment.
• United States v. Buel Lee Shepherd
  714 F.2d 316· 4th Cir.· 1983-08-04 ·cited 10×
  The court held that the arrest of the defendant was supported by probable cause and the warrantless search of his automobile was justified under the automobile exception to the Fourth Amendment.