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

• Lamb v. State
  55 So. 3d 751· Fla. 2d DCA· 2011-03-18 ·cited 9×
  The court held that the trial court erred in denying the motion to suppress physician-provided prescription information, as it likely constituted medical records improperly obtained without authorization or proper legal process.
• Kessler v. State
  991 So. 2d 1015· Fla. 4th DCA· 2008-10-08 ·cited 9×
  Kevin Kessler appeals his convictions for cocaine trafficking and conspiracy after the trial court admitted a recorded phone call he made to his alleged drug supplier while in police custody without adequate Miranda warnings. The court reversed, holding that the phone call consti
• Tercero v. State
  963 So. 2d 878· Fla. 4th DCA· 2007-08-22 ·cited 9×
  Percy Tercero appealed the denial of his motion to suppress drugs found during a search incident to his arrest on an outstanding warrant for drug sales. The trial court had previously dismissed the underlying drug sale charges based on objective entrapment, finding police conduct
• State v. Billie
  881 So. 2d 637· Fla. 3d DCA· 2004-08-11 ·cited 9×
  Florida appeals pretrial orders in a homicide retrial, seeking to introduce the defendant's prior trial testimony as an admission and to admit certain witness testimony previously excluded. The appellate court grants the State's certiorari petition, holding that the defendant's p
• State v. Russell
  814 So. 2d 483· Fla. 5th DCA· 2002-04-05 ·cited 9×
  The court reversed the trial court's suppression of statements Russell made to his former stepdaughter during a prison visit, which was recorded by police, finding the statements admissible. The court affirmed the denial of suppression for statements made to police later, as the
• State v. C.F.
  798 So. 2d 751· Fla. 4th DCA· 2001-05-16 ·cited 9×
  Florida appealed the suppression of statements made by juvenile C.F. and physical evidence (a BB gun) obtained following those statements. The court affirmed the suppression order, holding that the initial home interrogation was custodial and required Miranda warnings, and that p
• Polakoff v. State
  586 So. 2d 385· Fla. 5th DCA· 1991-08-08 ·cited 9×
  Polakoff was convicted of loan sharking, RICO racketeering, and related offenses based on usurious loans. The appellate court reversed all convictions, holding that the indictment fatally omitted the element of 'willfully and knowingly,' the search warrant was unconstitutionally
• United States v. Ervin Herman Flowers
  912 F.2d 707· 4th Cir.· 1990-08-28 ·cited 9×
  The court held that the officers' actions did not constitute a seizure under the Fourth Amendment because a reasonable person would have felt free to decline to answer questions or leave the bus.
• Charlton v. State
  550 So. 2d 150· Fla. 3d DCA· 1989-10-17 ·cited 9×
  An investigatory stop for a criminal traffic offense committed in an officer's presence is not a pretextual stop, even if the officer also suspects the individual of a more serious crime.
• Smith v. State
  465 So. 2d 603· Fla. 3d DCA· 1985-03-19 ·cited 9×
  The court held that a warrantless search of a home is unlawful if a joint occupant who is the subject of the search has refused consent, even if another joint occupant later consents.
• Babula v. Immigr. & Naturalization Serv.
  665 F.2d 293· 3d Cir.· 1981-11-25 ·cited 9×
  The court held that even if the Fourth Amendment was violated, the petitions for review should be dismissed because the evidence obtained later was sufficiently attenuated from the initial alleged violation.
• Jess Cancino v. The United States
  451 F.2d 1028· Ct. Cl.· 1971-12-10 ·cited 9×
  The court held that the Marihuana Tax Act is constitutional, the plaintiff is liable for the transfer tax, and the Fourth Amendment does not prohibit a levy upon illegally seized property. Additionally, a wife's interest in community property is subject to levy for her husband's
• Tinney v. Wilson
  408 F.2d 912· 9th Cir.· 1969-02-28 ·cited 9×
  The court held that the search of the defendant's pocket for pills exceeded the scope of a lawful frisk for weapons and that the subsequent discovery of marijuana was the fruit of an unconstitutional search.
• McADAMS v. State
  137 So. 3d 401· Fla. 2d DCA· 2014-02-26 ·cited 8×
  Michael McAdams was convicted of murdering his wife and her boyfriend and sentenced to two consecutive life sentences. The appellate court affirmed the denial of motions to suppress his confession and evidence from his wife's residence, but reversed and remanded because the trial
• Glover Fred Calloway v. State
  118 So. 3d 277· Fla. 5th DCA· 2013-07-26 ·cited 8×
  Calloway appeals the denial of his motion to suppress evidence obtained following a warrantless entry into his home. The court reversed, holding that police conducting a consensual "knock and talk" cannot use a resident's retreat into the home as reasonable suspicion justifying d
• Fidel Fernandez v. State
  63 So. 3d 881· Fla. 3d DCA· 2011-06-15 ·cited 8×
  Fidel Fernandez appeals the denial of his motion to suppress evidence of marijuana plants found in his home, arguing that law enforcement conducted an unlawful warrantless entry onto his residential property. The Florida District Court of Appeal reversed, holding that the officer
• Moncrieffe v. State
  55 So. 3d 736· Fla. 4th DCA· 2011-03-16 ·cited 8×
  Fabian Moncrieffe was convicted of escape after fleeing from police custody at a hospital. The Florida Fourth District Court of Appeal reversed his conviction because the Lauderhill Police Department lacked jurisdiction to arrest him in Sunrise, meaning he was never in their lawf
• Armstrong v. State
  46 So. 3d 589· Fla. 1st DCA· 2010-04-07 ·cited 8×
  Defendant Armstrong appealed the denial of his motion to suppress evidence from the search of a package misdelivered to an FBI agent's home. The appellate court affirmed, holding that the agent acted in a private capacity as the package's recipient with legitimate safety concerns
• Baymon v. State
  933 So. 2d 1269· Fla. 2d DCA· 2006-07-28 ·cited 8×
  Edward Baymon challenged the denial of his motion to suppress evidence of cocaine and marijuana. The court reversed, holding that Baymon's arrest for disorderly conduct was unlawful because the deputy did not observe conduct constituting the crime, and therefore the evidence seiz
• D.L.J. v. State
  932 So. 2d 1133· Fla. 2d DCA· 2006-06-16 ·cited 8×
  The court held that the trial court erred in denying the motion to suppress because the officers lacked probable cause to conduct a pat-down search for weapons.
• Johnson v. State
  888 So. 2d 122· Fla. 4th DCA· 2004-11-24 ·cited 8×
  Bernard Johnson appeals the summary denial of his Rule 3.850 postconviction motion for ineffective assistance of counsel. The Fourth District Court of Appeal reversed, holding that Johnson's claim that trial counsel failed to challenge the legality of a traffic stop was not proce
• State v. Rabb
  881 So. 2d 587· Fla. 4th DCA· 2004-06-23 ·cited 8×
  Florida appeals the trial court's suppression of evidence obtained from a search warrant for James Rabb's house, which was based partly on a drug-detector dog's alert at the residence's exterior. The Fourth District Court of Appeal holds that conducting a dog sniff at the door of
• Moore v. State
  874 So. 2d 42· Fla. 2d DCA· 2004-05-07 ·cited 8×
  Adrian Moore appealed his conviction for possessing an altered driver's license, challenging the trial court's denial of his motion to suppress. The court reversed, holding that the officer's warrantless search of Moore's wallet during a vehicle stop violated the Fourth Amendment
• Davis v. State
  744 So. 2d 586· Fla. 2d DCA· 1999-11-17 ·cited 8×
  Shannon Davis pleaded no contest to heroin possession while reserving the right to appeal the denial of her motion to suppress evidence. The appellate court reversed, finding that detectives violated the Fourth Amendment by seizing Davis inside her home without a warrant or exige
• Woodbury v. State
  730 So. 2d 354· Fla. 5th DCA· 1999-03-19 ·cited 8×
  Adrian Woodbury appeals the denial of his motion to suppress cocaine found during a vehicle stop. The court affirmed, holding that police lawfully stopped the vehicle based on a reasonable suspicion that it belonged to a missing person, and the subsequent canine alert and search
• Salem v. State
  645 So. 2d 1023· Fla. 2d DCA· 1994-10-21 ·cited 8×
  Andre Salem was convicted of robbery with a firearm, kidnapping with a firearm, and carrying a concealed firearm after police stopped his vehicle based on suspicion of a nearby robbery. The court reversed, holding that the stop lacked reasonable articulable suspicion, the subsequ
• Lints v. State
  643 So. 2d 689· Fla. 5th DCA· 1994-10-14 ·cited 8×
  In this appeal of a Seminole County conviction, the court addressed whether evidence seized during a Volusia County arrest could be suppressed in a separate prosecution and whether double jeopardy principles barred prosecution for continuous firearm possession in two counties. Th
• State v. Freeney
  613 So. 2d 523· Fla. 2d DCA· 1993-01-20 ·cited 8×
  The court held that a defendant is not entitled to use physical force to resist an illegal stop; evidence of such force is not suppressible as fruit of the illegal stop.
• United States v. Cordell L. Tillman
  963 F.2d 137· 6th Cir.· 1992-05-06 ·cited 8×
  The court held that the defendant's consent to search was not voluntary due to coercive circumstances, and the Miranda warnings provided were inadequate, requiring suppression of statements and evidence.
• United States v. Herrold
  962 F.2d 1131· 3d Cir.· 1992-05-06 ·cited 8×
  The court held that the search warrant was valid because the untainted information in the affidavit established probable cause, and the independent source doctrine applied, allowing admission of evidence discovered during the warranted search.
• United States v. Dock Richardson
  949 F.2d 851· 6th Cir.· 1991-11-20 ·cited 8×
  The court held that placing Richardson in a police car after he refused to consent to a search constituted an illegal arrest without probable cause, which tainted his subsequent consent to search.
• United States v. Frazier
  936 F.2d 262· 6th Cir.· 1991-06-20 ·cited 8×
  The court held that the defendant abandoned the bag, negating his standing to challenge its search, and that the voluntary surrender of his ticket did not constitute an unlawful seizure. Furthermore, the court found no plain error in failing to give a specific accomplice instruct
• Heller v. State
  576 So. 2d 398· Fla. 5th DCA· 1991-03-14 ·cited 8×
  Doreen Heller was convicted of drug possession and paraphernalia offenses after police discovered contraband during a vehicle search at a highway rest stop. The court reversed her convictions, holding that the second police encounter—which led to the search—was unconstitutional b
• State v. Stevens
  574 So. 2d 197· Fla. 1st DCA· 1991-01-23 ·cited 8×
  The State appealed a trial court's order suppressing defendant Stevens' statements to police, which were obtained after an illegal warrantless detention for interrogation. The appellate court held that while Stevens' arrest violated the Fourth Amendment due to lack of probable ca
• United States v. Maher
  919 F.2d 1482· 10th Cir.· 1990-12-07 ·cited 8×
  The court held that the police had probable cause to arrest the defendant based on the totality of the circumstances, rendering the subsequent consent to search valid.
• United States v. $37
  920 F.2d 159· 2d Cir.· 1990-12-03 ·cited 8×
  An illegal seizure of property does not immunize that property from forfeiture, and evidence obtained independently of the illegal seizure may be used in the forfeiture action.
• United States v. Riley
  906 F.2d 841· 2d Cir.· 1990-06-22 ·cited 8×
  The court held that the search warrants for the residence and storage locker were valid, and the seized items, including cocaine and firearms, should not have been suppressed.
• Boggs v. Bair
  892 F.2d 1193· 4th Cir.· 1989-12-12 ·cited 8×
  The Fourth Circuit held that the district court erred in granting habeas relief as to the penalty phase, reversing that decision, but affirmed the denial of relief as to the guilt phase. The court found no constitutional error in the admission of the confession, the search of the
• United States v. Johns
  891 F.2d 243· 9th Cir.· 1989-12-07 ·cited 8×
  The court held that marijuana seized must be suppressed as fruit of the poisonous tree because the illegally obtained identification of the defendant significantly directed the investigation that led to the marijuana.
• Wilson v. State
  547 So. 2d 215· Fla. 4th DCA· 1989-07-07 ·cited 8×
  Willie Wilson appeals the denial of his motion to suppress evidence obtained after he was handcuffed during a drug search warrant execution. The Fourth District Court of Appeal affirmed the trial court, holding that officers executing a search warrant may temporarily restrain per
• The United States v. Kordosky
  878 F.2d 991· 7th Cir.· 1989-06-28 ·cited 8×
  The court held that the search incident to arrest was legal because the arresting officer had probable cause, and the inventory search was lawful as it followed standard police procedures.
• United States v. Franco Danovaro and Angel Rene Leal
  877 F.2d 583· 7th Cir.· 1989-06-14 ·cited 8×
  The court held that redacted affidavits supporting warrants are permissible when necessary to protect informant safety, provided the remaining information establishes probable cause and the defendant is given adequate notice of redactions. The court also affirmed the admissibilit
• Alberty v. State
  536 So. 2d 283· Fla. 3d DCA· 1988-12-06 ·cited 8×
  Richard Alberty appeals the trial court's decision suppressing cocaine found at his arrest scene but admitting cocaine found at his residence. The court holds that officers lacked reasonable suspicion to stop Alberty's vehicle, making all evidence fruit of an illegal stop that mu
• United States v. Josan Wolf Patino
  862 F.2d 128· 7th Cir.· 1988-11-10 ·cited 8×
  The court held that the defendant's second confession, made six days after an illegal search and her first confession, was admissible because sufficient time and intervening circumstances purged the taint of the initial illegality.
• United States v. Evans
  848 F.2d 1352· 5th Cir.· 1988-06-23 ·cited 8×
  The court held that the denial of an additional peremptory challenge was harmless error, evidence related to an illegally seized firearm was admissible under inevitable discovery/independent source exceptions, and ammunition purchase counts were not multiplicitous with firearm pu
• United States v. Namer
  835 F.2d 1084· 5th Cir.· 1988-01-04 ·cited 8×
  The court held that evidence derived from an illegal search was admissible under the independent source, attenuation, and inevitable discovery exceptions to the exclusionary rule, and that any prosecutorial misconduct in closing arguments was harmless error.
• United States v. Aldo A. Aiudi
  835 F.2d 943· 1st Cir.· 1987-12-29 ·cited 8×
  The court held that evidence seized by state police, even if illegally obtained under a defective warrant, is admissible in federal court if federal agents had independent authority to conduct a warrantless search and seizure, and there was no federal incentive to encourage state
• United States v. Miller
  812 F.2d 1206· 9th Cir.· 1987-03-17 ·cited 8×
  The court held that independent probable cause justified the search of the automobile, despite an initial illegal search of the person, and therefore the evidence seized from the car should not have been suppressed.
• United States v. Chavez
  812 F.2d 1295· 10th Cir.· 1987-03-02 ·cited 8×
  The court held that the warrantless search of the garage, the detention and arrest of the defendant, and the subsequent pat-down search were all lawful, supported by probable cause and exigent circumstances.
• United States v. Pimentel
  810 F.2d 366· 2d Cir.· 1987-02-03 ·cited 8×
  The court held that the inevitable discovery exception to the exclusionary rule applies to the direct products of an unlawful search, not just the indirect fruits.