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

• Neary v. State
  384 So. 2d 881· Fla.· 1980-05-15 ·cited 94×
  The search of Neary's bedroom and seizure of the blue shirt with missing buttons was reasonable and did not violate the Fourth Amendment, as the officers lawfully entered the bedroom with Neary's consent and the search warrant was supported by probable cause independent of any qu
• Smith v. United States
  324 F.2d 879· D.C. Cir.· 1963-09-26 ·cited 93×
  The dissent argues that evidence derived from illegal detention, including witness testimony, should be excluded under the McNabb-Mallory rule.
• United States v. Price
  599 F.2d 494· 2d Cir.· 1979-05-18 ·cited 92×
  The court held that the agents had reasonable suspicion to stop the defendant and that his consent to search was voluntary under the totality of the circumstances.
• United States v. Jackson D. Leonard
  524 F.2d 1076· 2d Cir.· 1975-08-28 ·cited 92×
  The court held that the evidence regarding the mail cover and the defendant's statements about foreign bank accounts was admissible to prove wilfulness in tax evasion charges. The court also found that the defendant's arguments regarding the corporation's tax status and the jury
• Clayborne Bynum v. United States
  262 F.2d 465· D.C. Cir.· 1958-12-15 ·cited 92×
  The court held that fingerprints obtained during an illegal arrest are inadmissible, even if relevant and trustworthy, to serve as a sanction against unlawful police conduct.
• United States v. Weinrich
  586 F.2d 481· 5th Cir.· 1978-12-15 ·cited 91×
  The court held that the wiretap application was supported by sufficient probable cause and the information was not stale, and that the searches of the vessels were lawful due to probable cause and exigent circumstances.
• United States v. Severo D. Espinosa
  771 F.2d 1382· 10th Cir.· 1985-08-26 ·cited 90×
  The court held that sufficient evidence supported the convictions for conspiracy and possession with intent to distribute, and that the trial court did not err in denying severance or mistrial based on co-defendant's opening statement.
• United States v. Marchand
  564 F.2d 983· 2d Cir.· 1977-08-22 ·cited 90×
  The court held that the government has no burden to show an arrest would have been made absent illegally obtained evidence if lawfully obtained evidence already provided probable cause.
• United States v. Lemon
  550 F.2d 467· 9th Cir.· 1977-03-08 ·cited 89×
  The court held that the admission of pre-Miranda statements was harmless error, the consent to search was voluntary and not a Miranda violation, and the defendant received effective assistance of counsel.
• United States v. Bautista
  684 F.2d 1286· 9th Cir.· 1982-08-24 ·cited 88×
  The court held that the initial stop, use of handcuffs, continued detention, interrogation, and formal arrest were all lawful under the Fourth Amendment, and Miranda warnings were not required as the defendants were not in custody.
• United States v. Robinson
  690 F.2d 869· 11th Cir.· 1982-11-01 ·cited 86×
  The court held that the defendant's consent to accompany the agent to an office was not voluntary, rendering his subsequent arrest illegal and the discovered cocaine inadmissible as fruit of the poisonous tree.
• United States v. Preston
  608 F.2d 626· 5th Cir.· 1979-12-20 ·cited 85×
  The court held that the trial court had sufficient basis for finding probable cause for the arrest and that the inculpatory statements were not tainted by any assumed illegal arrest. The court conditionally affirmed the conviction, pending further determination on the admissibili
• United States v. Hines
  455 F.2d 1317· D.C. Cir.· 1971-11-01 ·cited 84×
  The court held that a co-defendant's comment on the appellant's silence violated the appellant's Fifth Amendment rights, and that police notes potentially containing verbatim witness statements should be considered under the Jencks Act.
• Rogers v. United States
  330 F.2d 535· 5th Cir.· 1964-04-08 ·cited 84×
  The court held that the confession and handwriting sample were admissible because the detention was not unnecessarily delayed and the arrest was based on probable cause.
• United States v. Granello
  365 F.2d 990· 2d Cir.· 1966-08-03 ·cited 83×
  The court affirmed the convictions, holding that the denial of a severance motion was not prejudicial and that defendants lacked standing to suppress evidence seized from a third party.
• United States v. Edmondson
  791 F.2d 1512· 11th Cir.· 1986-06-24 ·cited 82×
  The court held that while the arrest was illegal, the subsequent confession and consent to search were sufficiently attenuated from the illegal arrest and therefore admissible.
• United States v. Bosby
  675 F.2d 1174· 11th Cir.· 1982-05-10 ·cited 82×
  The court held that evidence obtained from a valid search warrant was admissible, even if preceded by an illegal search, provided the illegal search did not taint the warrant. Statements made after invoking the right to remain silent were admissible if obtained after a proper bre
• United States v. Bacall
  443 F.2d 1050· 9th Cir.· 1971-05-11 ·cited 82×
  The court held that evidence obtained through a foreign investigation, though initiated after an unlawful seizure, was not tainted because it was not obtained by exploitation of the illegality and was sufficiently distinguishable from the primary taint.
• Rhozier T. Brown, Jr. v. United States
  375 F.2d 310· D.C. Cir.· 1966-12-30 ·cited 82×
  The court held that the accomplice's testimony was admissible because the connection between the illegal police conduct and the testimony was sufficiently attenuated.
• Fernandez v. United States
  321 F.2d 283· 9th Cir.· 1963-07-22 ·cited 82×
  The court held that the immigration checkpoint 60-70 miles from the border was constitutional and the search of the vehicle was based on probable cause.
• Wayne v. United States
  318 F.2d 205· D.C. Cir.· 1963-04-04 ·cited 82×
  The dissenting judge holds that the coroner's testimony, derived from an illegally obtained body, should have been excluded as evidence.
• United States v. Antranik Paroutian
  299 F.2d 486· 2d Cir.· 1962-02-09 ·cited 82×
  The dissent argues that the evidence found during the legal search was independently discovered and therefore admissible, even if an illegal search provided a clue to its location.
• United States v. Carmelo Sansone
  231 F.2d 887· 2d Cir.· 1956-03-29 ·cited 82×
  The court held that the trial court did not err in admitting testimony regarding a recorded conversation, denying a motion to suppress evidence, refusing to make an FBI report available, or admitting co-conspirator statements.
• Patrick v. State
  104 So. 3d 1046· Fla.· 2012-12-06 ·cited 81×
  Eric Kurt Patrick appeals his conviction and death sentence for the first-degree murder of Steven Schumacher, a 73-year-old man who took him in after his recent release from prison. The Florida Supreme Court affirmed both the conviction and death sentence after addressing sevente
• United States v. Cruz
  581 F.2d 535· 5th Cir.· 1978-10-06 ·cited 81×
  The court held that the testimony of illegal aliens discovered during an illegal stop of a vehicle was inadmissible, requiring reversal of the conviction due to lack of other evidence.
• Earman v. State
  265 So. 2d 695· Fla.· 1972-08-02 ·cited 81×
  The Florida Supreme Court reversed a drug conviction because the arrest was made in violation of statutory announcement requirements and the defendant's subsequent consent to search was invalid due to the taint of the illegal arrest. The case clarifies that warrantless arrests in
• United States v. Castillo
  866 F.2d 1071· 9th Cir.· 1988-04-22 ·cited 80×
  The dissenting judge believes the warrantless protective sweep of the apartment was not justified by exigent circumstances and that evidence seized should be excluded.
• Peek v. United States
  321 F.2d 934· 9th Cir.· 1963-08-14 ·cited 80×
• Echols v. State
  484 So. 2d 568· Fla.· 1985-09-19 ·cited 79×
  Robert Echols was convicted of first-degree murder, robbery with a firearm, and armed burglary. Although the jury recommended life imprisonment for the murder conviction, the trial court imposed a death sentence. The Florida Supreme Court affirmed all convictions and sentences, r
• United States v. Marszalkowski
  669 F.2d 655· 11th Cir.· 1982-03-01 ·cited 79×
  The court held that the trial judge erred in suppressing evidence obtained during the initial search, finding the warrantless entry constitutional under existing law. It also affirmed the convictions of Bennett and Marszalkowski.
• United States v. Ballard
  573 F.2d 913· 5th Cir.· 1978-05-26 ·cited 79×
  The court held that the investigatory stop of the defendant was not supported by reasonable suspicion, and his subsequent consent to a search was not voluntary due to the taint of the illegal stop.
• United States v. Birdie Louise Joshua Harris
  501 F.2d 1· 9th Cir.· 1974-07-24 ·cited 79×
  The court held that the trial court did not abuse its discretion in limiting cross-examination regarding the informant's residence, nor was the trial court's active participation in questioning witnesses erroneous.
• United States v. Guzman
  864 F.2d 1512· 10th Cir.· 1988-12-30 ·cited 78×
  The court held that a pretextual stop is unconstitutional if a reasonable officer would not have made the stop in the absence of the invalid purpose, and that the scope of a traffic stop is limited to its initial justification unless reasonable suspicion of other crimes exists.
• Palmes v. Louie L. Wainwright
  725 F.2d 1511· 11th Cir.· 1984-02-17 ·cited 78×
  The court held that the appellant's confession was voluntary and admissible, and that his claims of ineffective assistance of counsel were without merit.
• United States v. Strickler
  490 F.2d 378· 9th Cir.· 1974-01-11 ·cited 78×
  The court held that the police conduct constituted an arrest requiring probable cause, which was lacking, thus the seized evidence and statement were products of an illegal arrest.
• United States v. Missler
  414 F.2d 1293· 4th Cir.· 1969-08-25 ·cited 78×
  The court held that the admission of agents' testimony regarding a conversation in a third party's home, where one party consented to the agents' presence, did not violate the Fourth Amendment, and that statements made in furtherance of a new crime after indictment are admissible
• Killough v. United States
  315 F.2d 241· D.C. Cir.· 1962-10-04 ·cited 78×
  The court, in a concurring opinion, argues that a post-arraignment confession is inadmissible if it is tainted by a prior confession obtained in violation of Rule 5(a), and that evidence derived from such a confession is also inadmissible under the "fruit of the poisonous tree" d
• United States v. Robinson
  625 F.2d 1211· 5th Cir.· 1980-09-17 ·cited 77×
  The court held that the magistrate erred in finding that voluntary consent automatically purged the taint of an illegal seizure, and that the issue of taint requires further factual findings. The court affirmed the finding of voluntary consent to accompany officers and to the sea
• United States v. Aston Winter
  509 F.2d 975· 5th Cir.· 1975-03-13 ·cited 76×
  The court held that a district court has jurisdiction over a conspiracy charge if the conspiracy is designed to have criminal effects within the United States and at least one conspirator committed an overt act within U.S. territorial jurisdiction, and that defendants cannot chal
• Alexander v. United States
  390 F.2d 101· 5th Cir.· 1968-02-20 ·cited 76×
  The court held that evidence obtained from a defendant during an illegal detention, even if the defendant appears to consent, is inadmissible if the consent was obtained through exploitation of the illegality.
• United States v. Rollins
  862 F.2d 1282· 7th Cir.· 1988-11-21 ·cited 75×
  The court affirmed both defendants' convictions but remanded Slaughter's case for reconsideration of his sentence.
• State v. Frierson
  926 So. 2d 1139· Fla.· 2006-02-09 ·cited 74×
  The Florida Supreme Court resolved a conflict between district courts regarding whether evidence seized in a search incident to an arrest based on an outstanding warrant should be suppressed when the arrest warrant was discovered during an illegal traffic stop. The Court held tha
• Moody v. State
  842 So. 2d 754· Fla.· 2003-01-23 ·cited 74×
  Darryl Moody was convicted of first-degree murder and sentenced to death based on evidence discovered during an illegal traffic stop. The Florida Supreme Court reversed, holding that the officer's knowledge of Moody's suspended driver's license was stale (up to three years old),
• United States v. Orson G. White
  648 F.2d 29· D.C. Cir.· 1981-02-06 ·cited 74×
  The court held that the police conduct, involving drawing guns and ordering occupants out of a vehicle without probable cause or reasonable suspicion of criminal activity, constituted an arrest rather than a permissible investigatory stop.
• Walker v. State
  514 So. 2d 1149· Fla. 2d DCA· 1987-11-06 ·cited 73×
  The court held that the initial stop and subsequent search violated the Stop and Frisk Law, requiring suppression of the evidence.
• United States v. Wylie
  569 F.2d 62· D.C. Cir.· 1977-11-15 ·cited 73×
  The court held that the officer's request for the appellant to return to the bank, based on his inability to produce identification after a mistaken belief about cashing a check, constituted an unreasonable seizure under the Fourth Amendment.
• United States v. Wagner
  884 F.2d 1090· 8th Cir.· 1989-09-08 ·cited 72×
  The court held that the evidence seized was not subject to suppression, the jury instructions were adequate, the evidence was sufficient to support the convictions, and the sentencing guidelines were correctly applied. The court also found no reversible error in the prosecutor's
• United States v. Dien
  609 F.2d 1038· 2d Cir.· 1979-10-26 ·cited 72×
  The court held that the warrantless search of cartons found in a vehicle, even with probable cause, violates the Fourth Amendment under Arkansas v. Sanders, and that warrantless security searches of premises require exigent circumstances, which were absent here. However, the init
• Evans v. United States
  375 F.2d 355· 8th Cir.· 1967-03-22 ·cited 72×
  Confessions obtained after initial unconstitutional interrogation, even if later warned, are inadmissible if the defendant remains in continuous custody and the initial confession is not effectively purged. However, a co-defendant's conviction may be affirmed if the jury was prop
• United States v. Glasgow
  658 F.2d 1036· 5th Cir.· 1981-10-13 ·cited 71×
  The court held that the evidence was insufficient to support the conspiracy and marijuana possession convictions for both appellants, but affirmed Glasgow's cocaine possession conviction.