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

• Rosales v. State
  878 So. 2d 497· Fla. 3d DCA· 2004-08-04 ·cited 2×
  Rafael Rosales appeals his convictions for cocaine trafficking and sale, challenging the denial of his motion to suppress evidence seized during a traffic stop. The court affirms, holding that the inevitable discovery doctrine applies because law enforcement had independent proba
• Castell v. State
  870 So. 2d 38· Fla. 2d DCA· 2003-09-12 ·cited 2×
  Court reversed robbery and firearm convictions where evidence was discovered during an illegal protective sweep of motel rooms, remanding to determine whether subsequent confession and consent were independent of the constitutional violation.
• State v. Walkin
  802 So. 2d 1169· Fla. 3d DCA· 2001-12-12 ·cited 2×
  The appellate court reversed the trial court's order suppressing an out-of-court photographic identification, finding the Miami Shores detective acted within his jurisdiction under a mutual aid agreement.
• Clinton v. State
  780 So. 2d 960· Fla. 5th DCA· 2001-03-02 ·cited 2×
  Clinton was convicted of cocaine possession after police placed him in a locked patrol car without probable cause during a traffic stop, where drugs were subsequently discovered. The court reversed, holding that Clinton was illegally seized and that the evidence was fruit of the
• Candy Turben v. State
  761 So. 2d 1243· Fla. 2d DCA· 2000-07-12 ·cited 2×
• Woodson v. State
  747 So. 2d 965· Fla. 2d DCA· 1999-09-03 ·cited 2×
  Cedric Woodson appeals his conviction based on a dispositive motion to suppress evidence from an allegedly illegal police stop. The court reversed because officers lacked reasonable suspicion to stop Woodson based solely on an anonymous tip describing his appearance and location
• Dempsey v. State
  717 So. 2d 1071· Fla. 1st DCA· 1998-08-19 ·cited 2×
  The court held that contraband thrown over a balcony was the fruit of an illegal search and should have been suppressed.
• Taylor v. State
  644 So. 2d 132· Fla. 1st DCA· 1994-10-19 ·cited 2×
  Court reversed conviction for money laundering because the traffic stop lacked legal basis when the officer stopped the vehicle for an allegedly improper temporary license tag display that was actually lawful under Florida law.
• United States v. Tam Wai-Keung
  845 F. Supp. 1548· S.D. Fla.· 1994-03-08 ·cited 2×
  The court held that the agents had probable cause to arrest the defendants based on the totality of the circumstances, including prior similar incidents, suspicious behavior, and corroborating information.
• United States v. Wicks
  995 F.2d 964· 10th Cir.· 1993-06-04 ·cited 2×
  The court held that the exigent circumstances exception did not justify the warrantless entry because officers had sufficient time to obtain a warrant.
• United States v. Ferguson
  989 F.2d 202· 6th Cir.· 1993-03-19 ·cited 2×
  The court held that the denial of the defendant's motion to suppress evidence was clearly erroneous because the traffic stop was pretextual and not based on a reasonable officer's objective interest in enforcing the traffic violation.
• United States v. Coggins
  986 F.2d 651· 3d Cir.· 1993-03-01 ·cited 2×
  The court held that while the defendant was seized for Fourth Amendment purposes, the agent had reasonable suspicion to detain him, thus the evidence was admissible.
• United States v. Roberts
  986 F.2d 1026· 6th Cir.· 1993-02-26 ·cited 2×
  A random stop of an automobile without reasonable suspicion, objectively gauged and based on articulable facts, violates the Fourth Amendment, and evidence arising from such a stop must be suppressed.
• United States v. Robinson
  984 F.2d 911· 8th Cir.· 1993-01-26 ·cited 2×
  The court held that the implicit detention of the suspect was inherently coercive, rendering any subsequent consent to search invalid.
• Krantz v. Briggs
  983 F.2d 961· 9th Cir.· 1993-01-19 ·cited 2×
  The court held that a state court's determination of whether a defendant was 'in custody' for Miranda purposes is a factual finding entitled to a presumption of correctness under 28 U.S.C. § 2254(d).
• United States v. Cannon
  981 F.2d 785· 5th Cir.· 1993-01-14 ·cited 2×
  The court held that the record was inadequately developed to determine if statements made after invoking the right to counsel were admissible under Edwards v. Arizona, and thus vacated the conviction and remanded for fact-finding.
• Satter v. Leapley
  977 F.2d 1259· 8th Cir.· 1992-10-19 ·cited 2×
  The court affirmed the dismissal of the habeas petition, holding that the appellant procedurally defaulted his Double Jeopardy claim by abandoning the sufficiency of evidence issue in state post-conviction proceedings.
• D.E. v. State
  605 So. 2d 574· Fla. 3d DCA· 1992-09-29 ·cited 2×
  A juvenile appellant challenged his adjudication for unlawful possession of cocaine, arguing the evidence should have been suppressed under the Fourth Amendment because it was abandoned during an illegal chase. The court affirmed, holding that because the appellant abandoned the
• United States v. Marcelino Millan-Diaz
  975 F.2d 720· 10th Cir.· 1992-09-15 ·cited 2×
  The court held that the continued detention and search of the defendant's vehicle exceeded the scope of a lawful investigative stop, rendering the evidence and statements inadmissible.
• United States v. Nafzger
  974 F.2d 906· 7th Cir.· 1992-09-09 ·cited 2×
  The court held that the collective knowledge doctrine allowed Detective Argue to rely on information from other officers, establishing reasonable suspicion for the Terry stop. However, the court remanded for reconsideration of the 'more than minimal planning' sentencing enhanceme
• United States v. Fryer
  974 F.2d 813· 7th Cir.· 1992-09-02 ·cited 2×
  The court held that the traffic stop was legal, the subsequent search of the vehicle was justified by probable cause, the consent to search the residence and car was voluntary, and the lineup identifications were reliable despite potential suggestiveness.
• United States v. Wright
  971 F.2d 176· 8th Cir.· 1992-08-04 ·cited 2×
  The court held that statements made by the defendant were voluntary and evidence seized was obtained during a consensual search, thus affirming the conviction.
• United States v. Restrepo
  966 F.2d 964· 5th Cir.· 1992-07-21 ·cited 2×
  The court's majority opinion, which the concurring judge agrees with in methodology, found the warrant affidavit sufficient for probable cause after excluding illegally obtained information.
• United States v. Nafzger
  965 F.2d 213· 7th Cir.· 1992-05-26 ·cited 2×
  The court held that the search of the defendant's shed was invalid because his consent was coerced by the presentation of a defective search warrant, and his subsequent statements were the fruit of that illegal search.
• United States v. McNEAL
  955 F.2d 1067· 6th Cir.· 1992-02-03 ·cited 2×
  The dissent argues that the majority's reasoning improperly extends the Terry stop doctrine into private residences and misapplies the totality of the circumstances test, thereby eroding Fourth Amendment protections.
• United States v. Thomas
  955 F.2d 207· 4th Cir.· 1992-01-28 ·cited 2×
  The court held that the evidence seized from the hotel room should have been suppressed because neither the inevitable discovery exception nor the consent to search exceptions applied, as both were tainted by an initial illegal search.
• United States v. Oakley
  944 F.2d 384· 7th Cir.· 1991-10-01 ·cited 2×
  The court held that the evidence obtained from the second search was admissible because the warrant was supported by probable cause from untainted information, and the Speedy Trial Act claim was invalid due to the defendant's waiver and excluded time periods.
• United States v. Duchi
  944 F.2d 391· 8th Cir.· 1991-08-23 ·cited 2×
  The court held that the government waived arguments for admissibility not raised on prior appeal, but that Duchi's testimony in a co-defendant's trial was not compelled and could be used in his retrial.
• United States v. Templeman
  938 F.2d 122· 8th Cir.· 1991-07-08 ·cited 2×
  The court held that the initial entry into Templeman's home was not justified by exigent circumstances and remanded for a determination of whether the subsequent search warrant was valid without the illegally obtained evidence.
• Mosby v. State
  575 So. 2d 304· Fla. 2d DCA· 1991-02-27 ·cited 2×
  The court held that the officers lacked a well-founded suspicion to detain the appellant based on a vague anonymous tip, rendering the subsequent search and seizure illegal.
• United States v. Sheppard
  901 F.2d 1230· 5th Cir.· 1990-05-14 ·cited 2×
  The court held that the consent to search and the defendant's flight did not sufficiently attenuate the connection between the initial unconstitutional intrusion and the discovery of evidence.
• United States v. Clark
  891 F.2d 501· 4th Cir.· 1989-12-12 ·cited 2×
  The court held that a defendant's repeated denials of ownership of a suitcase preclude him from asserting a Fourth Amendment privacy interest in its contents, even if the detention of the suitcase ripened into a de facto arrest.
• United States v. Kimball
  884 F.2d 1274· 9th Cir.· 1989-09-07 ·cited 2×
  The court held that the district court properly suppressed statements made by a co-conspirator after the government violated the defendant's Sixth Amendment right to counsel by deliberately eliciting information from him in the absence of counsel.
• State v. Sylester Earl Smith
  547 So. 2d 131· Fla.· 1989-07-27 ·cited 2×
  The Florida Supreme Court held that due process under the Florida Constitution prohibits conducting a compelled police lineup against a criminal defendant in custody pursuant to an ex parte court order without notice to the defendant or opportunity for counsel. The Court reversed
• State v. Hester
  545 So. 2d 493· Fla. 3d DCA· 1989-06-27 ·cited 2×
  Florida appeals a trial court's suppression order, challenging the seizure of a medallion and photograph taken from the defendant during custody. The appellate court reverses, holding that police had probable cause to arrest the defendant based on the victim's detailed descriptio
• United States v. Ortega-Santana
  869 F.2d 12· 1st Cir.· 1989-03-08 ·cited 2×
  The court held that the appellant was not 'seized' within the meaning of the Fourth Amendment, and therefore his confession and subsequent identification were admissible.
• Harris v. State
  537 So. 2d 187· Fla. 2d DCA· 1989-01-18 ·cited 2×
  Calvin Harris pleaded nolo contendere to charges while reserving his right to appeal the denial of his motion to suppress evidence. The court reversed, finding that evidence was obtained through an illegal detention unsupported by reasonable and articulable suspicion of criminal
• Harley C. Phillips v. State
  536 So. 2d 1145· Fla. 1st DCA· 1988-12-28 ·cited 2×
  Harley Phillips was stopped by deputies in a parking lot near a drug arrest based on suspicion that his vehicle was involved in counter-surveillance. The trial court denied his motion to suppress evidence seized from his car, but this court reversed, holding that the stop lacked
• Drumm v. State
  530 So. 2d 394· Fla. 4th DCA· 1988-08-17 ·cited 2×
  Elizabeth Drumm was convicted of DWI manslaughter and leaving the scene of an accident following a fatal hit-and-run. The Fourth District Court of Appeal reversed her conviction, finding that police conducted an illegal warrantless entry into her home without exigent circumstance
• In re Forfeiture OF A 1981 Ford Auto.
  520 So. 2d 631· Fla. 4th DCA· 1988-02-10 ·cited 2×
  The court held that a state official sued in their official capacity for injunctive relief is a person under § 1983, but not when sued for monetary relief.
• United States v. Tapp
  812 F.2d 177· 5th Cir.· 1987-02-17 ·cited 2×
  The court held that the defendant's waiver of Miranda rights was valid, and the indictment and evidence were properly admitted, despite the agent's failure to disclose the defendant's target status.
• McCANT v. State
  501 So. 2d 182· Fla. 2d DCA· 1987-01-28 ·cited 2×
  Carolyn McCant appeals the denial of her motion to suppress evidence and statements seized during a vehicle search. The appellate court reversed, finding that the officer lacked probable cause to seize items from the vehicle and that the subsequent search of the trunk was invalid
• Lang v. State
  475 So. 2d 1354· Fla. 5th DCA· 1985-10-03 ·cited 2×
  The court held that the initial warrantless entry into the defendant's mini-warehouse unit by law enforcement, even when assisting a private citizen, was unconstitutional as it violated the Fourth Amendment.
• State v. Palmer
  474 So. 2d 1250· Fla. 1st DCA· 1985-09-05 ·cited 2×
  The State of Florida appealed a trial court's order suppressing evidence of cocaine and other drugs seized from Richard Palmer's apartment. The First District Court of Appeal reversed, holding that the initial search of the Purolator package by a private courier employee did not
• J.A. Avery, Jr. v. Procunier
  750 F.2d 444· 5th Cir.· 1985-01-14 ·cited 2×
  The court affirmed the denial of habeas corpus relief, finding no constitutional error in the denial of claims for ineffective assistance of counsel, use of perjured testimony, illegal arrest/search, self-incrimination, or failure to appeal.
• R.J.M. v. State
  456 So. 2d 584· Fla. 3d DCA· 1984-10-02 ·cited 2×
  A juvenile's adjudication for possession of a concealed weapon was reversed because the knife was discovered during an unlawful search lacking reasonable suspicion, making the weapon suppressible as fruit of the illegal search.
• United States v. Bacca-Beltran
  741 F.2d 1361· 11th Cir.· 1984-09-20 ·cited 2×
  The court held that the border exception does not waive the warrant requirement for currency reporting violations and that the defendant's consent to the search was involuntary, requiring reversal of convictions.
• Hudnell v. State
  449 So. 2d 930· Fla. 3d DCA· 1984-05-01 ·cited 2×
  The court reversed a conviction for carrying a concealed firearm because the weapon was seized during an unconstitutional stop lacking reasonable suspicion, making it inadmissible fruit of an unlawful search.
• United States v. Perez
  714 F.2d 52· 8th Cir.· 1983-08-11 ·cited 2×
  The court affirmed the defendants' convictions, holding that the district court did not err in denying their motions to suppress evidence.
• United States v. Pineda-Chinchilla
  712 F.2d 942· 5th Cir.· 1983-08-05 ·cited 2×
  An illegal arrest that leads to the discovery of independent government records does not require suppression of those records as fruit of the poisonous tree.