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. Curry
  751 F.2d 442· 1st Cir.· 1984-12-26 ·cited 6×
  The court held that the district court's findings regarding the entry into Curry's hotel room were clearly erroneous, requiring a remand for an evidentiary hearing. For Silvestri, Sr., the court held that while the initial entry into his residence was illegal, the evidence seized
• Clark v. State
  461 So. 2d 131· Fla. 1st DCA· 1984-11-14 ·cited 6×
  Martha Clark was convicted of first-degree murder and aggravated battery by jury. The Florida District Court of Appeal reversed her murder conviction and remanded for a new trial because the trial judge gave an incomplete and defective jury instruction on the defense of excusable
• United States v. White
  746 F.2d 426· 8th Cir.· 1984-10-12 ·cited 6×
  The court held that the evidence used to indict and convict the Sheriff arose independently of an illegal wiretap, thus the indictment and testimony were not tainted.
• Luman v. State
  447 So. 2d 428· Fla. 5th DCA· 1984-03-22 ·cited 6×
  Eugene Luman was convicted of dealing in stolen property after confessing to police following his request for counsel. The Florida appellate court reversed, holding that under Edwards v. Arizona and Miranda v. Arizona, Luman's confession was inadmissible because police continued
• United States v. Palumbo
  742 F.2d 656· 1st Cir.· 1984-03-22 ·cited 6×
  The court held that an unauthorized seizure does not require exclusion of subsequently discovered items if their discovery is traceable to a lawful independent source not tainted by improper conduct.
• United States v. Wiecking
  757 F.2d 969· 9th Cir.· 1983-04-06 ·cited 6×
  The court held that the warrantless search of the defendant's vehicle was supported by probable cause, making the evidence admissible.
• United States v. Schaefer
  691 F.2d 639· 3d Cir.· 1982-10-22 ·cited 6×
  The court held that the admission of evidence obtained from an unlawful warrantless search and seizure was not harmless error, requiring a new trial.
• Debord v. State
  422 So. 2d 881· Fla. 2d DCA· 1982-06-18 ·cited 6×
  Frederick Debord appealed his grand theft conviction, challenging the denial of his motion to suppress evidence obtained from an arrest warrant. The court reversed, finding that the arrest warrant was based on false statements in a police affidavit and therefore invalid.
• United States v. Simko
  662 F.2d 656· 10th Cir.· 1981-10-08 ·cited 6×
  The court held that the government's involvement in supplying the defendant with P2P did not constitute outrageous conduct violating due process, and that the defendant's statements and evidence were admissible.
• United States v. Congote
  656 F.2d 971· 5th Cir.· 1981-09-21 ·cited 6×
  The court held that the appellant lacked standing to assert the Fourth Amendment violations of Brock and Marszalkowski because he had no legitimate expectation of privacy in their apartment or telephone conversations.
• Papp v. Jago
  656 F.2d 221· 6th Cir.· 1981-08-05 ·cited 6×
  The court affirmed the denial of the writ of habeas corpus except for the issue of sentence augmentation, which requires further proceedings.
• State v. Ramos
  405 So. 2d 1001· Fla. 3d DCA· 1981-07-28 ·cited 6×
  Evidence seized from a home following an illegal warrantless entry must be suppressed, even if a search warrant is subsequently obtained, unless exigent circumstances justified the initial entry.
• United States v. Martin
  636 F.2d 974· 5th Cir.· 1981-02-09 ·cited 6×
  The court held that the district court did not err in denying motions to suppress evidence obtained from investigative stops and arrests, nor was there insufficient evidence to support the convictions.
• United States v. Kandik
  633 F.2d 1334· 9th Cir.· 1980-12-15 ·cited 6×
  The court held that the defendant was not entitled to a hearing to show that trial testimony was tainted by an illegal search, as he failed to establish a sufficient connection.
• United States v. Franco
  638 F.2d 1206· 9th Cir.· 1980-11-28 ·cited 6×
  The court held that the arrest was based on probable cause, and therefore the fruits of the arrest are admissible.
• United States v. Perez
  625 F.2d 1021· 1st Cir.· 1980-07-17 ·cited 6×
  The court held that the defendant voluntarily consented to the search of his hotel room, and the evidence found was admissible.
• United States v. Vasquez
  612 F.2d 1338· 2d Cir.· 1979-11-30 ·cited 6×
  The court affirmed the application of Terry v. Ohio principles to airport searches, finding that specific and articulable facts can justify brief investigatory stops.
• Singleton v. Commissioner OF Internal Revenue
  606 F.2d 50· 3d Cir.· 1979-09-28 ·cited 6×
  The court held that an airport pre-boarding screening search is justified under the Fourth Amendment, either by the need for safety or by the passenger's implied consent to the search as a condition of boarding.
• United States v. Culbert
  595 F.2d 481· 9th Cir.· 1979-03-05 ·cited 6×
  A party cannot challenge a search on Fourth Amendment grounds without a legitimate expectation of privacy in the searched area.
• United States v. Pitts
  588 F.2d 102· 5th Cir.· 1979-01-16 ·cited 6×
  A mere possessor-driver of a stolen automobile has no legitimate expectation of privacy in the VIN number observable through the windshield, thus no Fourth Amendment violation occurred.
• United States v. Evans
  574 F.2d 352· 6th Cir.· 1978-04-14 ·cited 6×
  The court held that the arrest warrants were unconstitutionally issued without a magistrate's probable cause determination, rendering the subsequent arrest and evidence obtained illegal.
• United States v. Brock
  571 F.2d 480· 9th Cir.· 1978-03-03 ·cited 6×
  The court held that evidence obtained from an independent source, even if related to an illegal search, is admissible. Brock's confession and passport application documents were admissible because the FBI's investigation predated the state search and provided an independent basis
• United States ex rel. Benjamin Wright v. Cuyler
  563 F.2d 627· 3d Cir.· 1977-10-06 ·cited 6×
  Even if an initial arrest was illegal, a confession is admissible if probable cause for continued detention arises from an independent source, such as a witness statement, before the confession is given.
• United States v. Bowler
  561 F.2d 1323· 9th Cir.· 1977-09-30 ·cited 6×
  The court held that the use of a 'snifter' device to detect toll fraud tones does not violate Title III of the Omnibus Crime Control and Safe Streets Act, and that a search warrant with a corrected clerical error is valid.
• United States v. Shuey
  541 F.2d 845· 9th Cir.· 1976-08-31 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying the motions for continuance and withdrawal of counsel, and that the appellant received effective assistance of counsel.
• United States v. Lacey
  530 F.2d 821· 8th Cir.· 1976-03-03 ·cited 6×
  The court held that the warrantless transcription of serial numbers from currency lawfully taken into protective custody for safekeeping did not constitute an unreasonable search or seizure under the Fourth Amendment.
• United States v. Sapere
  531 F.2d 63· 2d Cir.· 1976-02-13 ·cited 6×
  The court held that the appellant failed to meet his initial burden of proving that evidence in his tax evasion case was tainted by illegally obtained wiretap information, and thus his motions to suppress and dismiss were properly denied.
• State v. Alphonse
  315 So. 2d 506· Fla. 4th DCA· 1975-07-18 ·cited 6×
  Florida's appeal of suppression orders was properly denied because the wiretap affidavit lacked sufficient probable cause under Rodriguez v. State, and the search warrant predicated on the illegal wiretap fruits was properly suppressed.
• United States v. Martinez
  512 F.2d 830· 5th Cir.· 1975-05-12 ·cited 6×
  The court held that the INS file was not obtained by exploitation of any illegality in the initial questioning, and thus was admissible.
• Clarke v. State
  303 So. 2d 35· Fla. 3d DCA· 1974-11-19 ·cited 6×
  Vincent Clarke was convicted of drug possession and assault on a police officer after a warrantless pat-down search by Detective Brogan. Clarke appealed arguing the search violated his Fourth Amendment rights and that he was justified in using force to resist an unlawful search,
• United States v. Gibson
  500 F.2d 854· 4th Cir.· 1974-08-05 ·cited 6×
  The defendant lacks standing to challenge evidence obtained from a wiretap that was authorized based on information from an earlier, defectively authorized wiretap, because the defendant was not implicated by the earlier wiretap.
• United States v. Altizer
  477 F.2d 846· 5th Cir.· 1973-05-08 ·cited 6×
  The court held that the appellant lacked standing to challenge the search warrant based on the alleged illegal arrest of his purported wife.
• United States v. Johnson
  461 F.2d 1165· 5th Cir.· 1972-06-12 ·cited 6×
  A pre-trial identification procedure that is unnecessarily suggestive and conducive to irreparable mistaken identification violates due process. However, an in-court identification with an independent origin is admissible.
• United States v. McKLEMURRY
  461 F.2d 651· 5th Cir.· 1972-06-07 ·cited 6×
  The court held that a vehicle lacking a motor at the time of recovery still qualifies as a 'motor vehicle' under the Dyer Act, and evidence obtained through a voluntary surrender is admissible.
• Dombrowski v. Cady
  471 F.2d 280· 7th Cir.· 1972-06-02 ·cited 6×
  The court held that the warrantless search of the Ford's trunk was unreasonable and that evidence seized from it tainted the conviction, requiring reversal of the habeas denial.
• United States v. Foust
  461 F.2d 328· 7th Cir.· 1972-06-02 ·cited 6×
  The court held that the security officer's examination of the envelope and its contents constituted an unconstitutional search, and the evidence obtained, including the confession, should have been suppressed.
• Camp Lumber Co., Inc. v. Jess Yarborough
  262 So. 2d 649· Fla.· 1972-05-03 ·cited 6×
  Camp Lumber Company petitioned for a writ of certiorari to review the Public Service Commission's order granting it limited common carrier authority. The PSC granted the company authority to transport road building and construction aggregates in only four Florida counties (Alachu
• Young v. State OF Md.
  455 F.2d 679· 4th Cir.· 1972-02-07 ·cited 6×
  The admission of the trenchcoat, even if illegally seized, was harmless error beyond a reasonable doubt because the defendant admitted the act of intercourse and wearing the coat, and the coat's stains did not prejudice his defense.
• Paulson v. State
  257 So. 2d 303· Fla. 3d DCA· 1972-02-01 ·cited 6×
  Appellant was convicted of breaking and entering with intent to commit grand larceny and grand larceny. On appeal, he challenged the sufficiency of proof regarding the property's value and the admissibility of fingerprints obtained during an allegedly illegal arrest for public dr
• Edwards v. Swenson
  454 F.2d 1106· 8th Cir.· 1972-01-14 ·cited 6×
  The court held that the confession was voluntarily given and admissible, and that the arrest, even if illegal, did not taint the confession or render the trial unfair.
• United States v. Holland
  438 F.2d 887· 6th Cir.· 1971-02-11 ·cited 6×
  The court held that the admission of Holland's statements and the airline ticket was proper, and that the denial of severance was not an abuse of discretion.
• Sellars v. Beto
  430 F.2d 1150· 5th Cir.· 1970-07-28 ·cited 6×
  The court held that the confessions were admissible and the appellant's constitutional rights were not violated, affirming the denial of the habeas corpus petition.
• United States v. Kilgen
  431 F.2d 627· 5th Cir.· 1970-07-09 ·cited 6×
• Garcia v. Baker
  421 F.2d 671· 10th Cir.· 1970-02-11 ·cited 6×
  The court held that the federal district court properly denied Garcia's habeas corpus petition, affirming the denial of relief.
• United States v. Nolan
  420 F.2d 552· 5th Cir.· 1969-12-29 ·cited 6×
  The court held that the trial judge did not abuse discretion in deferring a hearing on wiretap evidence admissibility until after trial, and that the government sufficiently proved its evidence was untainted by illegal surveillance.
• Patton v. United States
  403 F.2d 923· D.C. Cir.· 1968-10-29 ·cited 6×
  The court held that the trial court did not err in failing to sua sponte raise the insanity defense and in admitting identification testimony, as the defense was alibi and the identification was reliable.
• Marcelino Lira-Ortega v. United States
  401 F.2d 506· 5th Cir.· 1968-09-30 ·cited 6×
  The court held that the trial court did not err in refusing to disclose the identity of confidential informers and in admitting evidence obtained from a search based on probable cause.
• Norris v. Wilson
  378 F.2d 324· 9th Cir.· 1967-05-23 ·cited 6×
  A conviction following a guilty plea is based solely on the plea, not on prior evidence, and forecloses collateral attack unless the plea was coerced.
• Grayson v. State
  191 So. 2d 587· Fla. 3d DCA· 1966-11-08 ·cited 6×
  This case involves an appeal from the summary denial of a motion for post-conviction relief. The appellate court affirmed the lower court's decision, finding that the appellant's claims of illegal arrest, search and seizure, denial of counsel, and coerced guilty plea were either
• Jacobs v. Warden, Maryland Penitentiary
  367 F.2d 321· 4th Cir.· 1966-10-07 ·cited 6×
  The court held that the connection between the co-defendant's involuntary confession and the appellant's subsequent confession was too attenuated to render the appellant's confession involuntary.