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

• Moore v. State
  181 So. 2d 164· Fla. 3d DCA· 1965-12-28 ·cited 8×
  A search of a bundle carried by a suspect conducted without a warrant, before arrest, and based only on suspicion violates the Fourth Amendment and renders the fruits of the search inadmissible, even if the search later reveals stolen property.
• United States v. Llewellyn McGAVIC
  337 F.2d 317· 6th Cir.· 1964-10-06 ·cited 8×
  The court held that the defendant's statements made to a federal agent were admissible, despite being made after an illegal arrest, because the taint of the illegal arrest had dissipated.
• United States v. Albury
  782 F.3d 1285· 11th Cir.· 2015-04-09 ·cited 7×
  Michael Albury was convicted of narcotics and firearm offenses after police discovered cocaine, crack cocaine, N-Benzylpiperazine pills, and firearms in two hotel rooms he occupied. Albury challenged the validity of the search warrant for room 332, arguing that the warrant was ba
• M.J. v. State
  121 So. 3d 1151· Fla. 4th DCA· 2013-09-18 ·cited 7×
  In this Fourth District appeal of a juvenile delinquency adjudication, the court reversed the trial court's denial of a motion to suppress a confession obtained after an illegal arrest for loitering and prowling. The court held that while the deputy could have detained the juveni
• Pestano v. State
  980 So. 2d 1200· Fla. 3d DCA· 2008-04-30 ·cited 7×
  Victor Pestaño appeals his convictions for first-degree murder, sexual battery, kidnapping, and robbery carjacking in connection with a 1995 homicide case where the victim was found drowned in a car trunk. The appellate court affirmed all convictions, rejecting challenges to the
• Perry v. State
  916 So. 2d 835· Fla. 2d DCA· 2005-08-03 ·cited 7×
  Perry, a passenger in a vehicle driven by a known drug dealer, was arrested for constructive possession of drug paraphernalia found in a closed bag between the front seats without any investigative inquiry into his knowledge of the items. The court reversed Perry's conviction for
• Gale Glass Baggett v. State
  562 So. 2d 359· Fla. 2d DCA· 1990-05-11 ·cited 7×
  The court held that the officers lacked probable cause to arrest the defendant when they searched her purse, rendering the subsequent seizure of evidence and statements inadmissible.
• State v. Rogers
  427 So. 2d 286· Fla. 1st DCA· 1983-02-22 ·cited 7×
  The court held that statements made by a defendant following an illegal arrest are inadmissible unless there is a sufficiently attenuating circumstance to break the chain of illegality.
• Williams v. Crispus NIX
  700 F.2d 1164· 8th Cir.· 1983-01-10 ·cited 7×
  The court denied the petition for rehearing, adhering to its prior ruling that the State must prove a lack of bad faith to invoke the inevitable-discovery exception to the exclusionary rule.
• United States v. Shaver
  506 F.2d 699· 4th Cir.· 1974-11-01 ·cited 7×
  The court held that evidence seized under a valid warrant was not tainted by a prior, non-search police entry, and that the 26th Amendment did not redefine 'minority' for sentencing under the Juvenile Delinquency Act.
• United States v. Newman
  490 F.2d 993· 10th Cir.· 1974-02-06 ·cited 7×
  The court held that the marijuana was seized illegally without probable cause, rendering the evidence inadmissible.
• Rozzo v. State
  75 So. 3d 409· Fla. 4th DCA· 2011-12-07 ·cited 6×
  The Fourth District Court of Appeal reversed the trial court's denial of a motion to suppress evidence found in appellant's parents' home after police conducted a warrantless protective sweep. The court held that the protective sweep violated the Fourth Amendment because the offi
• Smith v. State
  997 So. 2d 499· Fla. 4th DCA· 2008-12-19 ·cited 6×
  Jeremy Lee Smith was convicted of possessing four controlled substances and violating his probation after police discovered drugs during a traffic stop. The Fourth District Court of Appeal reversed, holding that Smith's surrender of pills to police was involuntary because it resu
• Williams v. State
  993 So. 2d 1179· Fla. 4th DCA· 2008-11-12 ·cited 6×
  The court held that handcuffing a suspect during a temporary detention, absent reasonable suspicion of a crime involving weapons or other threatening circumstances, constitutes an unlawful seizure.
• Hewitt Grant v. State
  978 So. 2d 862· Fla. 2d DCA· 2008-04-09 ·cited 6×
  Hewitt Grant was convicted of eighty counts of misdemeanor cruelty to animals after deputies conducted a warrantless search of his property. The court reversed because the illegal initial search tainted Grant's subsequent consent to show the deputies around his property, and the
• Wells v. State
  975 So. 2d 1235· Fla. 4th DCA· 2008-03-12 ·cited 6×
  David Wells was illegally stopped by police who discovered $240 and a crack pipe in his car. Although the initial stop violated the Fourth Amendment, the court upheld the admission of testimony from Eric Thompson, a witness discovered through an independent investigative chain in
• Rhoden v. State
  941 So. 2d 5· Fla. 2d DCA· 2006-08-02 ·cited 6×
  Michael Rhoden was convicted after officers stopped him without reasonable suspicion and discovered cocaine in his possession. The appellate court reversed, holding that the officers' conduct—approaching an unmarked vehicle in unmarked clothes in a high-crime area—provoked Rhoden
• Lundberg v. State
  918 So. 2d 444· Fla. 4th DCA· 2006-01-25 ·cited 6×
  Robert Lundberg appeals his convictions for attempted sexual battery and lewd/lascivious molestation, challenging the trial court's admission of his taped conversation with his girlfriend recorded in a police interview room after a coercive interrogation. The appellate court affi
• State v. Jacoby
  907 So. 2d 676· Fla. 2d DCA· 2005-07-29 ·cited 6×
  The State appealed a trial court's suppression of evidence from a fatal single-vehicle accident scene, arguing that items seized by a traffic investigator should be admissible. The court affirmed suppression of items the trial court excluded but reversed as to items found in plai
• Torris Walls v. State
  814 So. 2d 1235· Fla. 5th DCA· 2002-05-03 ·cited 6×
  Torris Walls appeals his conviction for cocaine trafficking, challenging the denial of his motion to suppress evidence obtained from a search at Orlando International Airport. The court affirmed, finding the initial encounter was consensual and Walls freely consented to the searc
• Sharod Dozier v. State
  766 So. 2d 1105· Fla. 2d DCA· 2000-08-16 ·cited 6×
  Sharod Dozier appeals his cocaine possession conviction, challenging the validity of the traffic stop that led to the discovery of drugs. The Florida appellate court reversed, holding that the officer lacked reasonable suspicion to stop Dozier's vehicle based solely on informatio
• Will Perkins v. State
  734 So. 2d 480· Fla. 4th DCA· 1999-05-12 ·cited 6×
  The Fourth District Court of Appeal held that a defendant's identity, when discovered as the result of an unlawful traffic stop, is subject to suppression as fruit of the poisonous tree in criminal proceedings. The court reversed prior district court decisions that had held ident
• State v. Nash
  718 So. 2d 269· Fla. 5th DCA· 1998-09-04 ·cited 6×
  Statements made by a suspect after receiving Miranda warnings at the baseball field are admissible, even if obtained after a prior technical violation of Miranda and Edwards.
• Horton v. State
  660 So. 2d 755· Fla. 2d DCA· 1995-08-23 ·cited 6×
  Arthur Horton was charged with drug possession after police discovered cocaine, marijuana, and paraphernalia following a traffic stop. The court reversed his conviction, holding that the initial police detention was unconstitutional and the evidence was fruit of an illegal seizur
• United States v. Adela Morales-Zamora
  974 F.2d 149· 10th Cir.· 1992-09-03 ·cited 6×
  The court held that a roadblock stop was pretextual and tainted by the primary purpose of drug interdiction, thus violating the Fourth Amendment.
• Jaan Karl Laaman v. United States
  973 F.2d 107· 2d Cir.· 1992-08-19 ·cited 6×
  The court held that the petitioners' Fourth Amendment claim was not meritorious, and therefore their claims of ineffective assistance of counsel based on that claim also failed.
• United States v. Carson
  969 F.2d 1480· 3d Cir.· 1992-07-09 ·cited 6×
  The court held that some electronic surveillance tapes should have been suppressed due to delayed sealing, and others should be suppressed if the district court finds the sealing delay was not immediately executed and lacks a satisfactory, objectively reasonable explanation.
• Aderhold v. State
  593 So. 2d 1081· Fla. 1st DCA· 1992-01-28 ·cited 6×
  Terry Aderhold was convicted of drug and driver's license offenses after police seized his luggage at the airport based on a drug courier profile. The appellate court reversed, holding that the seizure of his luggage violated the Fourth Amendment because the police lacked probabl
• United States v. Jordan
  951 F.2d 1278· D.C. Cir.· 1991-12-13 ·cited 6×
  The court held that the record was insufficient to determine if a Fourth Amendment seizure occurred, remanding for clarification on whether the defendant's driver's license was retained by the officers.
• United States v. Gamalier Concepcion
  942 F.2d 1170· 7th Cir.· 1991-09-09 ·cited 6×
  The court held that inserting a key into an apartment lock to determine if it opens the lock is a search, but it is a reasonable search that does not require a warrant or probable cause.
• United States v. Martinez-Perez
  941 F.2d 295· 5th Cir.· 1991-08-26 ·cited 6×
  The court held that the Fourth Amendment was not violated by the search and seizure, and that the evidence was sufficient to support the convictions.
• United States v. Pierre
  932 F.2d 377· 5th Cir.· 1991-05-21 ·cited 6×
  The court held that an agent's insertion of his head into a vehicle constitutes a Fourth Amendment search, and consent to search luggage does not automatically purge the taint of a prior illegal search if intervening circumstances are lacking.
• United States v. Hamilton
  931 F.2d 1046· 5th Cir.· 1991-05-13 ·cited 6×
  The court held that the defendant did not have a reasonable expectation of privacy in marijuana buried in a washing machine on property not owned by him, and that the money laundering statute applied to domestic mailings of drug proceeds.
• Gibson v. State
  576 So. 2d 899· Fla. 2d DCA· 1991-03-22 ·cited 6×
  The court held that the trial court erred in denying the motion to suppress evidence found during a pat-down, but correctly dismissed the concealed weapon charge.
• United States v. Lowell Alvin Hahn
  922 F.2d 243· 5th Cir.· 1991-01-16 ·cited 6×
  The court held that a warrantless search of a vehicle, even if it complies with local police inventory procedures, is invalid as an inventory search if the searching federal agency has no standardized procedures and the agents are unaware of any such procedures.
• United States v. Beltran
  917 F.2d 641· 1st Cir.· 1990-10-26 ·cited 6×
  The court held that the warrantless entry into the defendant's apartment to arrest her was unconstitutional because exigent circumstances did not justify the failure to obtain an arrest warrant, and thus the evidence seized was suppressible. However, statements made after arrest
• Roberson v. State
  566 So. 2d 561· Fla. 1st DCA· 1990-08-16 ·cited 6×
  Lewis Roberson appeals his cocaine possession conviction, challenging the admission of physical evidence and statements obtained after an inventory search of a car in which he was a passenger. The court reversed, holding that the opening of closed aerosol cans during the inventor
• Bowen v. State
  565 So. 2d 384· Fla. 5th DCA· 1990-08-09 ·cited 6×
  The court held that the defendant's statements were not obtained in violation of his Fourth or Fifth Amendment rights and were therefore admissible.
• Lofton v. Whitley
  905 F.2d 885· 5th Cir.· 1990-07-13 ·cited 6×
  A conviction affirmed based on a "no merit" brief that fails to follow Anders procedures constitutes a constructive denial of counsel, entitling the petitioner to habeas relief.
• Kell v. State
  559 So. 2d 731· Fla. 4th DCA· 1990-04-18 ·cited 6×
  The court held that the investigatory stop and subsequent search were illegal, requiring suppression of evidence.
• Nelson v. State
  546 So. 2d 49· Fla. 4th DCA· 1989-06-28 ·cited 6×
  A driver of a stolen vehicle lacks standing to object to the seizure of the stolen car because he has no reasonable expectation of privacy in the vehicle and society does not recognize any right to operate a stolen car.
• United States v. Ramirez-Sandoval
  872 F.2d 1392· 9th Cir.· 1989-04-17 ·cited 6×
  The court held that the testimony of illegal aliens, discovered as a result of an illegal search, is inadmissible as fruit of the poisonous tree and does not fall under the attenuation or inevitable discovery exceptions.
• Greene v. State
  532 So. 2d 1309· Fla. 5th DCA· 1988-10-27 ·cited 6×
  Gerald Greene appeals his conviction for cocaine possession after pleading no contest while reserving his right to challenge the denial of his motion to suppress. The Fifth District affirmed the trial court's finding that the search of the vehicle was lawful based on probable cau
• United States v. Kepner
  843 F.2d 755· 3d Cir.· 1988-04-01 ·cited 6×
  The court held that the search warrant was supported by probable cause and particularity, and that evidence seized under it was admissible under the good faith exception, thus reversing the suppression orders.
• Pickersgill v. State
  516 So. 2d 92· Fla. 3d DCA· 1987-12-08 ·cited 6×
  Defendants Pickersgill and Sawyer challenged the trial court's denial of their motions to suppress evidence seized during vehicle stops. The court affirmed, finding that police had reasonable suspicion to stop the vehicles based on an anonymous tip about drug activity, surveillan
• State v. Terzado
  513 So. 2d 741· Fla. 3d DCA· 1987-10-06 ·cited 6×
  Florida appeals the trial court's suppression of evidence seized from defendant Terzado's car following a warrantless search. The appellate court agrees the initial traffic stop violated Terry requirements but reverses and remands because the trial court failed to determine wheth
• Thomas v. Lanson Newsome
  821 F.2d 1550· 11th Cir.· 1987-07-20 ·cited 6×
  The court held that the appellant's Fourth Amendment claim was not meritorious, his jury did not improperly consider the original indictment, and his resentencing did not violate the Eighth or Fourteenth Amendments.
• United States v. Drosten
  819 F.2d 1067· 11th Cir.· 1987-06-23 ·cited 6×
• United States v. Tate
  795 F.2d 1487· 9th Cir.· 1986-08-04 ·cited 6×
  The dissenting judge believes the evidence was obtained in violation of the Fourth Amendment and should be suppressed.
• United States v. Delaplane
  778 F.2d 570· 10th Cir.· 1985-12-02 ·cited 6×
  The court held that evidence derived from a Canadian wiretap was admissible because the investigation was solely Canadian and did not shock the judicial conscience or involve American agents acting as Canadian agents. It also held that voice exemplars and hearsay statements ident