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

• Pace v. Beto
  469 F.2d 1389· 5th Cir.· 1972-11-14 ·cited 4×
  The court held that the search of the matchbox was unconstitutional, rendering the discovery of marijuana the fruit of an illegal search.
• United States v. St. John Tyler
  459 F.2d 647· 10th Cir.· 1972-05-17 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying a continuance and properly admitted the victim's testimony, rejecting claims of unconstitutional vagueness and double jeopardy.
• United States v. Ware
  457 F.2d 828· 7th Cir.· 1972-03-29 ·cited 4×
  The court held that a warrantless search of a vehicle at the police station, conducted after the driver was arrested for a traffic offense and the vehicle was impounded, was unreasonable under the Fourth Amendment.
• United States v. Edwards
  421 F.2d 1346· 9th Cir.· 1970-02-02 ·cited 4×
  The court held that evidence obtained during initial on-the-scene questioning before arrest, even if the subsequent arrest was unlawful, is admissible and can sustain a conviction.
• United States v. Davis
  402 F.2d 171· 7th Cir.· 1968-09-18 ·cited 4×
  The dissenting judge held that the conviction for possession of stolen mail should be affirmed because the search warrant was validly issued based on probable cause, and the seizure of unintended contraband (stolen mail) was permissible under Fourth Amendment precedent.
• Yates v. Breazeale
  402 F.2d 113· 5th Cir.· 1968-08-29 ·cited 4×
  The court affirmed the denial of habeas corpus relief but remanded for a Witherspoon challenge to the death sentence, staying execution pending the outcome.
• Russell v. United States
  396 F.2d 771· 5th Cir.· 1968-06-17 ·cited 4×
  The court held that the search and seizure of counterfeit bills was not invalid, even if the arrest warrant was defective, because the arrest was valid.
• Leonard v. United States
  391 F.2d 537· 9th Cir.· 1968-02-20 ·cited 4×
  The court held that incriminating statements obtained after an unlawful arrest were admissible if sufficiently separated from the arrest to purge the primary taint.
• Haywood Liles v. United States
  393 F.2d 669· D.C. Cir.· 1967-11-16 ·cited 4×
  The court held that the admission of the wallet and knife was proper, but reversed and remanded due to the failure to instruct the jury on the specific intent element of robbery.
• Outing v. State OF N.C.
  383 F.2d 892· 4th Cir.· 1967-07-21 ·cited 4×
  The court held that a confession obtained during illegal detention was voluntary because the detention was not coercive and the prisoner had a compulsive impulse to involve himself.
• RAY v. United States
  374 F.2d 638· 5th Cir.· 1967-03-23 ·cited 4×
  The court held that the examination of FLIC's records by SBA examiners was a lawful exercise of regulatory authority, and any evidence derived from it was admissible.
• Junior Wesley Bernard v. United States
  360 F.2d 300· 5th Cir.· 1966-04-19 ·cited 4×
  The court held that the FBI agents had sufficient information to constitute probable cause for the arrest of Bernard without a warrant, even if the informant's reliability was not established.
• Norris Eugene Johnson v. State
  183 So. 2d 857· Fla. 3d DCA· 1966-03-15 ·cited 4×
  This case reviews a conviction for robbery, where the appellant argued that his confession and a lineup photograph were inadmissible due to an unlawful arrest and that the confession was not freely given. The appellate court affirmed the conviction, finding the arrest lawful and
• United States v. Verville
  355 F.2d 527· 7th Cir.· 1965-12-28 ·cited 4×
  The court held that the admission of bankruptcy records into evidence was reversible error, requiring a new trial.
• Bell v. United States
  280 F.2d 717· D.C. Cir.· 1960-07-14 ·cited 4×
  The court held that the arrest was based on probable cause and the identification evidence was sufficient for the jury.
• Silverman v. United States
  275 F.2d 173· D.C. Cir.· 1960-02-04 ·cited 4×
  The dissenting judge would exclude evidence obtained through electronic eavesdropping and reverse the convictions.
• State v. Crebo
  347 So. 3d 533· Fla. 2d DCA· 2023-06-09 ·cited 3×
  The State of Florida appealed a trial court's order suppressing four statements made by Donald John Crebo to law enforcement. The appellate court reversed in part, holding that the first statement was not fruit of the poisonous tree because it was made before the allegedly unlawf
• Le Boss v. State
  359 So. 3d 436· Fla. 1st DCA· 2023-04-19 ·cited 3×
  The appellate court affirmed a defendant's convictions for manslaughter and leaving the scene of a crash involving death, which were entered after a no-contest plea. The defendant reserved the right to appeal the denial of his motion to suppress evidence, but the court found the
• United States v. Knights
  967 F.3d 1266· 11th Cir.· 2020-08-03 ·cited 3×
  The Eleventh Circuit held that the interaction between law enforcement officers and the defendant was a consensual encounter, not an investigatory stop, because a reasonable person would have felt free to terminate the encounter.
• State v. T.M.
  248 So. 3d 172· Fla. 4th DCA· 2018-06-27 ·cited 3×
  Contraband abandoned by a suspect during flight from police is not fruit of an unlawful seizure and is admissible, even if the initial investigatory stop lacked reasonable suspicion, because the suspect is not seized until physically restrained and the abandoned property is not s
• Friedson v. State
  207 So. 3d 961· Fla. 5th DCA· 2016-12-16 ·cited 3×
  Matthew Friedson appeals the denial of his motion to suppress evidence obtained from his apartment via search warrant. The court found that detectives exceeded the scope of a lawful knock-and-talk by moving off the front porch to peer through a window and smell marijuana from the
• Tims v. State
  204 So. 3d 536· Fla. 1st DCA· 2016-10-04 ·cited 3×
  Johnny James Tims pleaded no contest to charges arising from violently resisting law enforcement officers who came to investigate domestic violence allegations at his home. The court rejected Tims's argument that evidence should be suppressed as fruit of an unlawful police entry,
• Romuliss Jarvis Hicks v. State
  189 So. 3d 173· Fla. 4th DCA· 2016-01-27 ·cited 3×
  Appellant Hicks was convicted of violating probation after pleading no contest to robbery and assault charges, then later charged with burglary. He challenged the admission of an in-court identification by a police officer who observed him fleeing the burglary scene, arguing the
• Ivory Brunson v. State
  149 So. 3d 139· Fla. 4th DCA· 2014-10-01 ·cited 3×
  Consent to search a person is presumptively tainted and involuntary when given after police conduct determined to be illegal, unless the state proves by clear and convincing evidence of a clear break in the chain of events, which occurs when police inform the suspect of his right
• R.A.S. v. State
  141 So. 3d 687· Fla. 2d DCA· 2014-06-25 ·cited 3×
  The court held that the deputy's order for R.A.S. to empty his pockets constituted an illegal search, tainting any subsequent consent and rendering the discovered contraband inadmissible as fruit of the poisonous tree.
• Wright v. State
  126 So. 3d 420· Fla. 4th DCA· 2013-11-13 ·cited 3×
  Wright appeals his convictions for burglary and loitering and prowling, arguing the trial court erred in denying his motion to suppress evidence found in his car. The Fourth District Court of Appeal agrees that while reasonable suspicion existed for the traffic stop, no probable
• State v. H.D.
  113 So. 3d 917· Fla. 2d DCA· 2013-01-25 ·cited 3×
  The State appeals a trial court's suppression of cocaine evidence found on H.D. after police initiated a BOLO based on an uncorroborated anonymous drug tip. The appellate court reversed, holding that H.D.'s intervening trespass on private property while fleeing from an officer pu
• Myles v. State
  54 So. 3d 509· Fla. 3d DCA· 2010-12-15 ·cited 3×
  Christopher Myles appeals his convictions for sexual battery with a knife, kidnapping with a knife, and lewd and lascivious molestation of a child. The court affirmed, holding that Myles's initial DNA swabs were voluntarily given and that the DNA match established probable cause
• Noto v. State
  42 So. 3d 814· Fla. 4th DCA· 2010-07-07 ·cited 3×
  Richard Noto appealed his cocaine trafficking conviction, challenging the trial court's denial of suppression motions for his statements and the seized cocaine, and its denial of his motion for judgment of acquittal. The Fourth District Court of Appeal affirmed the conviction, ho
• State v. Robinson
  27 So. 3d 137· Fla. 5th DCA· 2010-01-29 ·cited 3×
  The State of Florida appealed a trial court's order granting Omar Robinson's motion to suppress evidence obtained after his arrest. The appellate court reversed, holding that police had probable cause to arrest Robinson based on drugs found in plain view in the area of the vehicl
• State v. Ceasar Alexander Reyes
  4 So. 3d 46· Fla. 3d DCA· 2009-02-18 ·cited 3×
  Florida appeals the suppression of evidence obtained during a stop of Ceasar Reyes who was found pushing a motor scooter without a key in the early morning hours. The court holds that while the initial investigatory stop was justified by reasonable suspicion, the pat-down search
• Davis v. State
  946 So. 2d 575· Fla. 1st DCA· 2006-12-18 ·cited 3×
  A passenger was seized when a deputy directed him to exit a vehicle and place his hands on the roof, rendering any subsequent consent to search involuntary. The court reversed the conviction because the marijuana discovered during the illegal search should have been suppressed.
• Millets v. State
  660 So. 2d 789· Fla. 4th DCA· 1995-09-20 ·cited 3×
  An arrest requires probable cause based on facts and circumstances sufficient to warrant a reasonable person to believe an offense has been committed. Here, the defendant's nervous behavior, the officer's inability to identify the concealed object, and vague testimony about drug
• United States v. Ludlow
  992 F.2d 260· 10th Cir.· 1993-04-27 ·cited 3×
  The court held that Border Patrol agents have broad discretion to refer motorists to secondary inspection at permanent checkpoints without individualized suspicion, and that the agent's observations created reasonable suspicion for further detention.
• United States v. Solomon
  728 F. Supp. 1544· S.D. Fla.· 1990-01-18 ·cited 3×
  The court held that the stop of the defendants' vehicle constituted an illegal arrest without probable cause, and that subsequent evidence and statements were tainted fruit of that illegal arrest.
• United States v. Eide
  875 F.2d 1429· 9th Cir.· 1989-05-30 ·cited 3×
  The court held that the VAMC emergency room's urinalysis and statements from Eide were not protected by 42 U.S.C. § 290ee-3 because Eide was not a 'patient' and the VAMC emergency room was not a 'federally assisted drug abuse program'.
• State v. Palmer
  543 So. 2d 400· Fla. 4th DCA· 1989-05-17 ·cited 3×
  Florida appealed the suppression of cocaine evidence found during a search of Jonathan Palmer following his arrest for loitering and prowling. The court affirmed the suppression, holding that officers lacked probable cause for the loitering arrest and therefore could not lawfully
• State v. Abislaiman
  437 So. 2d 181· Fla. 3d DCA· 1983-08-16 ·cited 3×
  The court held that the defendant did not have a reasonable expectation of privacy in a hospital parking lot, and the physical evidence seized was admissible as incident to a lawful arrest.
• United States v. Steagald
  664 F.2d 1242· 5th Cir.· 1981-12-15 ·cited 3×
  The court held that evidence obtained from warranted searches must be suppressed because the initial warrantless search was unconstitutional and tainted the subsequent warrants.
• Clements v. State
  396 So. 2d 214· Fla. 4th DCA· 1981-03-18 ·cited 3×
  Appellants Clements and Lowe challenged the lawfulness of two police stops on July 6, 1978, arguing that evidence derived from illegal stops was fruit of the poisonous tree. The court held that the first stop was supported by founded suspicion and the second stop was supported by
• Daley v. State
  387 So. 2d 971· Fla. 4th DCA· 1980-05-21 ·cited 3×
  Three defendants charged with marijuana possession appealed the denial of their motions to suppress evidence obtained during an unlawful search of a residence and boat. The appellate court reversed, holding that the defendants had automatic standing to challenge the search under
• State v. Brehm
  273 So. 2d 128· Fla. 2d DCA· 1973-02-16 ·cited 3×
  A valid search based on free and voluntary consent may be upheld even after an unlawful stop, provided the consent was not obtained by exploitation of the unlawful conduct, and Miranda warnings are not a prerequisite to finding consent voluntary.
• Emilio Perez-Tejon v. State
  147 So. 3d 1094· Fla. 3d DCA· 2014-10-01 ·cited 2×
  The defendant was arrested for loitering or prowling after being observed attempting to break into a vehicle in a high-crime area at 2:30 a.m. He appeals his subsequent conviction for first-degree murder and carjacking, arguing the initial arrest lacked probable cause. The court
• Lewis v. State
  143 So. 3d 998· Fla. 4th DCA· 2014-07-23 ·cited 2×
  In this Fourth Amendment case, the Florida Fourth District Court of Appeal reversed a trial court's denial of a motion to suppress evidence from a robbery investigation, holding that a police officer's physical touching of the defendant during an initial consensual encounter tran
• Jenkins v. State
  102 So. 3d 739· Fla. 2d DCA· 2012-12-14 ·cited 2×
  Tyrone Jenkins appealed his convictions for cocaine possession with intent to sell, drug paraphernalia possession, counterfeit merchandise possession, and license tag alteration, along with probation revocation. The appellate court reversed his convictions for drug-related offens
• Lundberg v. State
  127 So. 3d 562· Fla. 4th DCA· 2012-11-21 ·cited 2×
  Robert Lundberg appealed the denial of his motion for postconviction relief based on ineffective assistance of counsel claims related to his convictions for attempted sexual battery and lewd or lascivious molestation of a child. The Fourth District Court of Appeal affirmed, findi
• State v. Wilburn
  93 So. 3d 1115· Fla. 4th DCA· 2012-07-25 ·cited 2×
  The court held that the trial court erred in suppressing evidence based on venue, and that the detective's actions in detaining the defendant and requesting identification were permissible.
• Annier Lorenzo v. State
  948 So. 2d 1012· Fla. 3d DCA· 2007-02-21 ·cited 2×
  The court affirmed the denial of the defendant's motion to suppress statements made to law enforcement, holding that the statements were not the product of custodial interrogation and thus Miranda warnings were not required.
• State v. Battis
  926 So. 2d 427· Fla. 2d DCA· 2006-03-24 ·cited 2×
  The State appeals a trial court order suppressing cocaine evidence obtained during a traffic stop of Arthur Battis. The appellate court reversed, holding that because Battis abandoned the cocaine before submitting to the officers' show of authority, he was not seized at the time
• Jennings v. Crosby
  392 F. Supp. 2d 1312· N.D. Fla.· 2005-09-29 ·cited 2×
  The court denied the petition for a writ of habeas corpus, finding no violation of Brady or Strickland standards.