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

• Leek v. State OF Md.
  353 F.2d 526· 4th Cir.· 1965-11-22 ·cited 6×
  The court held that the evidence used at trial was not tainted by an illegal search because the connection between the information gained from the search and the evidence was too attenuated.
• State v. Vazquez
  295 So. 3d 373· Fla. 2d DCA· 2020-05-13 ·cited 5×
  The appellate court reversed a trial court's order suppressing statements made by a defendant during a police interview. The court found that the interview, even with its confrontational aspects, was not custodial and therefore did not require Miranda warnings.
• Willis v. State
  242 So. 3d 1195· Fla. 1st DCA· 2018-04-05 ·cited 5×
  A showup identification that was obtained through an unnecessarily suggestive procedure lacked sufficient indicia of reliability under the totality of circumstances, requiring suppression of all evidence derived from the resulting arrest.
• B.G. v. State
  213 So. 3d 1016· Fla. 2d DCA· 2017-02-10 ·cited 5×
  B.G. was charged with resisting an officer without violence and possession of marijuana after being detained based on the odor of marijuana from a group he was standing with. The appellate court reversed, finding the initial detention was illegal because the officer lacked reason
• Strachan v. State
  199 So. 3d 1022· Fla. 4th DCA· 2016-06-29 ·cited 5×
  The court held that the trial court did not err in allowing the jury to read transcripts of recorded calls or in denying motions to suppress recorded jail calls and a gun.
• Musallam v. State
  133 So. 3d 568· Fla. 2d DCA· 2014-02-14 ·cited 5×
  The court held that law enforcement's discovery of the handgun was the fruit of an illegal detention, as there was no reasonable suspicion to justify the investigative stop.
• K.P. v. State
  129 So. 3d 1121· Fla. 3d DCA· 2013-12-26 ·cited 5×
  K.P., a high school student, was searched based on an anonymous tip that he possessed a firearm at school. The court upheld the search of his book bag, holding that the reduced expectation of privacy in schools, combined with the heightened government interest in protecting stude
• State v. Delgado
  92 So. 3d 314· Fla. 3d DCA· 2012-07-25 ·cited 5×
  The State appealed the trial court's suppression of evidence in a cannabis cultivation and possession case, arguing that the defendant voluntarily consented to a warrantless search of his residence following a lawful knock-and-talk encounter. The appellate court reversed, holding
• Dixon v. State
  36 So. 3d 920· Fla. 4th DCA· 2010-06-09 ·cited 5×
  The court held that the police entry into Dixon's apartment was unlawful without consent or exigent circumstances, and evidence obtained from this entry must be suppressed.
• Jimell Shingles v. State
  872 So. 2d 434· Fla. 4th DCA· 2004-05-12 ·cited 5×
  Jimell Shingles was arrested for armed robbery and charged after police conducted a warrantless search of his bedroom in his grandmother's house and obtained a confession. The Fourth District Court of Appeal reversed the trial court's denial of motions to suppress both the eviden
• Katisha Bell v. State
  792 So. 2d 608· Fla. 4th DCA· 2001-08-22 ·cited 5×
  Katisha Bell appeals her cocaine trafficking conviction, challenging the trial court's denial of her motion to suppress her confession. The appellate court reverses, holding that the officers lacked probable cause to arrest Bell, and therefore her confession was the fruit of an i
• Haynes v. State
  729 So. 2d 498· Fla. 1st DCA· 1999-03-30 ·cited 5×
  The court held that claims of ineffective assistance of counsel regarding failure to challenge unwarned statements, exclude collateral crimes evidence, and object to tainted identifications were facially sufficient and required further proceedings.
• United States v. Riedesel
  987 F.2d 1383· 8th Cir.· 1993-03-16 ·cited 5×
  The court held that the warrantless search of the car's passenger compartment was a valid search incident to arrest, and the discovery of drugs provided probable cause to search the trunk and containers within. The court also found the initial trailer search was permissible under
• United States v. Maldonado-Espinosa
  968 F.2d 101· 1st Cir.· 1992-06-30 ·cited 5×
  The court held that the district court's findings regarding the voluntariness of consent to search and the lack of taint from an allegedly unconstitutional x-ray were adequately supported by the evidence and law. The court also held that a Miranda claim regarding the discovery of
• State v. Bryant Michael Eubanks
  588 So. 2d 322· Fla. 4th DCA· 1991-11-06 ·cited 5×
  Florida appeals a trial court's suppression of a defendant's statements made after an illegal arrest for murder. The appellate court affirmed the suppression order, holding that Miranda warnings alone cannot cure the taint of an unlawful arrest when the Brown v. Illinois factors
• United States v. Wilson
  938 F.2d 785· 7th Cir.· 1991-07-31 ·cited 5×
  The court held that the inventory search of the defendant's vehicle was lawful under the Fourth Amendment, and the evidence found, along with the defendant's confession, was admissible. The court also held that the evidence was sufficient to prove the defendant "used" a firearm d
• Brown v. State
  575 So. 2d 1360· Fla. 3d DCA· 1991-03-12 ·cited 5×
  James Brown appeals his convictions for tampering with physical evidence and possession of cocaine, and his habitual offender sentence. The court affirms, holding that even though the initial arrest may have lacked probable cause, Brown's independent act of taking cocaine from po
• State v. Rodriguez
  542 So. 2d 454· Fla. 3d DCA· 1989-05-02 ·cited 5×
  The State appealed the trial court's suppression of evidence in a grand theft case, arguing that the officer had founded suspicion to stop the defendant's vehicle based on its suspicious condition and that the defendant was not provoked by the officer's conduct. The appellate cou
• United States v. Hill
  855 F.2d 664· 10th Cir.· 1988-08-11 ·cited 5×
  The court held that the arrests were lawful because officers had probable cause and the houseboat fell under the vehicle exception to the warrant requirement, making a warrant unnecessary for arrest.
• Noel v. State
  526 So. 2d 1052· Fla. 3d DCA· 1988-06-21 ·cited 5×
  Arthur Noel appeals his manslaughter conviction based on a plea of nolo contendere, challenging the denial of his motion to suppress evidence obtained during a warrantless search of the victim's apartment. The court affirms, holding that Noel lacked standing to challenge the sear
• State v. Alberta L. Ward
  407 So. 2d 353· Fla. 2d DCA· 1981-12-16 ·cited 5×
  The court held that an affidavit for a search warrant is sufficient if the remaining allegations establish probable cause after invalid portions are excised.
• United States v. Hammack
  604 F.2d 437· 5th Cir.· 1979-10-15 ·cited 5×
  The court held that the initial stop of the appellant was unjustified under the Terry standard, rendering the subsequent seizure of the firearm unlawful.
• United States v. Cruz
  559 F.2d 300· 5th Cir.· 1977-09-16 ·cited 5×
• United States v. Auler
  539 F.2d 642· 7th Cir.· 1976-08-12 ·cited 5×
  The court held that a common carrier's limited interception and disclosure of wire communications, pursuant to 18 U.S.C. § 2511(2)(a)(i) to protect its property, is permissible and does not violate 47 U.S.C. § 605 or the Fourth Amendment, even if the surveillance is extensive, as
• Jackson v. State
  241 So. 3d 914· Fla. 1st DCA· 2018-02-19 ·cited 4×
  Christopher Jackson appeals his convictions for burglary, aggravated assault, and armed robbery, challenging the legality of searches conducted during his arrest and the trial court's determination of his PRR status for sentencing purposes. The court affirmed Jackson's conviction
• Thomas v. State
  127 So. 3d 658· Fla. 1st DCA· 2013-11-20 ·cited 4×
  James L. Thomas was convicted of sexual battery and theft after police obtained evidence through a warrantless entry into his apartment. The Florida First District Court of Appeal reversed, holding that the police violated the Fourth Amendment and Florida Constitution by forcibly
• Thornton v. State
  80 So. 3d 1141· Fla. 4th DCA· 2012-03-07 ·cited 4×
  Defendant Thornton was convicted of possession with intent to sell cocaine and resisting an officer without violence following a warrantless detention at a strip mall. The Fourth District Court of Appeal reversed, holding that the detective lacked reasonable suspicion to detain T
• State v. Edward
  25 So. 3d 610· Fla. 1st DCA· 2009-12-22 ·cited 4×
  The State appeals a suppression order excluding evidence obtained from an illegal search of the defendant's trashcan on his carport. The court affirmed the suppression, holding that because police acquired knowledge of incriminating evidence through the illegal search and the Sta
• United States v. Quintana
  594 F. Supp. 2d 1291· M.D. Fla.· 2009-01-20 ·cited 4×
  The court adopted the magistrate judge's recommendation to suppress evidence found at the defendant's residence, finding the initial entry and subsequent cell phone search unlawful.
• J.M.C. v. State
  962 So. 2d 960· Fla. 4th DCA· 2007-07-25 ·cited 4×
• Hidalgo v. State
  959 So. 2d 353· Fla. 3d DCA· 2007-06-06 ·cited 4×
  Reinaldo Hidalgo was convicted of burglary and theft after pleading guilty while reserving the right to appeal the denial of a motion to suppress his statements and evidence. The court reversed and remanded because the detectives' pat-down search during an initial consensual enco
• Manning v. State
  957 So. 2d 111· Fla. 4th DCA· 2007-05-16 ·cited 4×
  Dennis Manning was convicted of burglary of a dwelling and appealed on two grounds: whether the traffic stop was supported by reasonable suspicion, and whether the trial court properly imposed a $50 assessment to a drug abuse trust fund. The court affirmed the conviction but reve
• C.Q. v. State
  801 So. 2d 304· Fla. 5th DCA· 2001-12-14 ·cited 4×
  C.Q., a juvenile, appeals his adjudication for drug possession after pleading no contest following an illegal search. The court reversed his conviction, holding that deputy's pat-down search of C.Q. exceeded constitutional bounds because there was no reasonable suspicion that C.Q
• State v. Murphy
  793 So. 2d 112· Fla. 2d DCA· 2001-08-17 ·cited 4×
  The State appeals from an order suppressing evidence obtained from Matthew Murphy's vehicle. The court affirmed the suppression because the traffic stop was unlawful, initiated based on erroneous information from the Sheriff's Office computer database indicating an improper vehic
• State v. A.M.
  788 So. 2d 398· Fla. 3d DCA· 2001-07-05 ·cited 4×
  The State appeals a suppression order in a juvenile drug possession case. The trial court suppressed marijuana evidence, finding the juvenile was unlawfully seized when the officer ordered him to stop. The appellate court reversed, holding that no seizure occurred because the juv
• Shaw v. State
  778 So. 2d 389· Fla. 2d DCA· 2001-01-19 ·cited 4×
  Bernard Shaw was charged with cocaine possession after officers conducted a search following his removal from a legally parked vehicle. The appellate court reversed, holding that the officer's request for Shaw to exit the vehicle constituted an unlawful investigative stop unsuppo
• Delafield v. State
  777 So. 2d 1020· Fla. 2d DCA· 2000-12-27 ·cited 4×
  Delafield was stopped unlawfully by a Tampa police officer, and while the trial court suppressed evidence of marijuana found during the stop, it refused to suppress his identity—the essential evidence for a driving-with-suspended-license conviction. The appellate court reversed,
• LaFONTAINE v. State
  749 So. 2d 558· Fla. 2d DCA· 2000-01-19 ·cited 4×
  The court held that the contraband seized was the fruit of an unlawful detention because the officer lacked reasonable suspicion for the initial stop and the subsequent consent to search was not voluntary.
• Theron K. Brown v. State
  744 So. 2d 1149· Fla. 2d DCA· 1999-10-29 ·cited 4×
  Theron Brown appeals his cocaine possession conviction, challenging a trial court's denial of his motion to suppress evidence. The court reverses because the officers lacked reasonable suspicion to order Brown out of his vehicle, rendering the detention illegal and the resulting
• Langley v. State
  735 So. 2d 606· Fla. 2d DCA· 1999-07-09 ·cited 4×
  Kim Langley appeals her conviction for cocaine possession after pleading no contest with a reserved right to appeal the denial of her motion to suppress. The court reverses because officers illegally seized Langley when they instructed her not to leave during an initial encounter
• State v. Canada
  715 So. 2d 1164· Fla. 5th DCA· 1998-08-28 ·cited 4×
  The State appeals an order suppressing evidence, arguing that the trial court erred in finding that the investigatory detention of the defendant was unlawful and that the evidence recovered was the fruit of an illegal seizure.
• State v. Maloy
  697 So. 2d 1242· Fla. 2d DCA· 1997-07-11 ·cited 4×
  Florida appealed the suppression of statements made by Virgil Maloy following his unlawful arrest. Although the trial court correctly found the arrest was unlawful, the appellate court reversed, holding that intervening events between the arrest and confession sufficiently attenu
• State v. K.S.
  694 So. 2d 104· Fla. 5th DCA· 1997-05-23 ·cited 4×
  The State appeals a trial court's order suppressing evidence obtained after K.S., a minor, was detained by police. The Florida appellate court reverses, holding that the officer had both probable cause to believe a drug transaction was occurring and independent grounds to arrest
• Elson v. State
  688 So. 2d 465· Fla. 4th DCA· 1997-03-05 ·cited 4×
  Kenneth Elson was convicted of marijuana possession after police directed a child living in his home to retrieve a marijuana sample from his locked office. The appellate court reversed, holding that the police's direction to the child to obtain the evidence constituted unlawful p
• State v. Bennet Anthony Fleming
  663 So. 2d 1353· Fla. 5th DCA· 1995-11-09 ·cited 4×
  The Florida Fifth District Court of Appeal reversed a suppression order and held that police lawfully detained a robbery suspect for a brief period to allow eyewitness identification, even after an initial pat-down revealed no weapon or stolen money. The detention was justified u
• United States v. Elwood
  993 F.2d 1146· 5th Cir.· 1993-06-09 ·cited 4×
  The court affirmed the convictions of Marrero and Barnes, but remanded Elwood's case for further findings regarding the admission of prior bad acts evidence.
• United States v. Kelley
  981 F.2d 1464· 5th Cir.· 1993-01-20 ·cited 4×
  The court held that the co-defendant's voluntary consent to search the vehicle cured any potential Fourth Amendment violation arising from the traffic stop and subsequent detention, and that evidence of flight and prior convictions were properly admitted.
• United States v. Martinez
  983 F.2d 968· 10th Cir.· 1992-12-29 ·cited 4×
  The court held that the defendants lacked standing to challenge the vehicle search and that their detention was reasonable under the Fourth Amendment, thus affirming their convictions.
• United States v. Waupekenay
  973 F.2d 1533· 10th Cir.· 1992-08-31 ·cited 4×
  The court held that evidence of a defendant's assault on police officers, even after an illegal entry, is admissible if the defendant lacked a reasonable expectation of privacy when initiating the criminal act.
• United States v. Padilla
  960 F.2d 854· 9th Cir.· 1992-04-01 ·cited 4×
  The court held that the Simpsons and Xavier Padilla had standing to contest the search due to their joint control and participation in the drug operation, while Jorge and Maria Padilla's standing required further factual findings. Warren Strubbe lacked standing as a mere passive