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

• Sloan v. State
  429 So. 2d 354· Fla. 1st DCA· 1983-03-09 ·cited 2×
  Clinton Eugene Sloan, Jr. was convicted of manslaughter after being found guilty by jury on a second-degree murder charge. On appeal, Sloan challenged the admissibility of his confessions, arguing his arrest was unlawful because police entered his mobile home bedroom without a wa
• United States v. Jones
  697 F.2d 989· 11th Cir.· 1983-02-10 ·cited 2×
  The court held that admitting evidence of Keel's post-robbery clothing purchases was error without injury, and other evidentiary rulings were proper.
• Sparkman v. Estelle
  672 F.2d 559· 5th Cir.· 1982-04-09 ·cited 2×
  The court held that the admission of reputation testimony, even if derived from an investigation related to a prior conviction later overturned for ineffective assistance of counsel, did not violate due process and was not 'fruit of the poisonous tree' because the connection was
• State v. Adamosky
  407 So. 2d 983· Fla. 4th DCA· 1981-12-15 ·cited 2×
  The State appeals a trial court order suppressing cocaine found in an automobile trunk. The appellate court reverses, holding that law enforcement had probable cause based on a confidential informant's statements, the informant's reliability was sufficiently established through c
• United States v. Hart
  656 F.2d 595· 10th Cir.· 1981-08-10 ·cited 2×
  The court held that the trial court erred in suppressing evidence seized from the defendant's camper, as the investigatory stop was lawful and exigent circumstances justified a warrantless search.
• State v. Jacobson
  398 So. 2d 857· Fla. 3d DCA· 1981-04-28 ·cited 2×
  The Florida appellate court reversed a suppression order in a drug trafficking case, holding that even if the initial airport stop of the defendant was illegal, the evidence (cocaine found on his person) was admissible because the causal chain between the illegality and the seizu
• Harris v. State
  400 So. 2d 462· Fla. 5th DCA· 1981-01-14 ·cited 2×
  Harris pleaded nolo contendere to armed robbery while preserving his right to appeal the denial of his suppression motions. The trial court found an illegal stop but ruled the search lawful based on consent. The appellate court remanded to determine whether the suppression motion
• United States v. Bissell
  634 F.2d 1228· 9th Cir.· 1980-12-30 ·cited 2×
  The court held that the district court did not abuse its discretion in refusing to order further disclosure of electronic surveillance information and adversary hearings, as the evidence presented at trial was independent of any potential illegal wiretaps.
• United States v. Johnson
  637 F.2d 532· 8th Cir.· 1980-11-18 ·cited 2×
  The court held that the warrantless seizure of the sawed-off shotgun from the defendant's duffel bag was constitutionally permissible under the "immediate control" doctrine, and thus the weapon was properly admitted into evidence.
• United States v. Brown
  628 F.2d 1019· 7th Cir.· 1980-08-28 ·cited 2×
  The court held that the appellant's conduct subsequent to her initial unlawful arrest constituted an independent basis for probable cause, purging the taint of the unlawful arrest and rendering the seized evidence admissible.
• Hackett v. State
  386 So. 2d 35· Fla. 2d DCA· 1980-07-02 ·cited 2×
  The court held that the warrantless search of the appellant's luggage was illegal and violated the Fourth and Fourteenth Amendments, and that the subsequent consent to search was tainted by the illegal search.
• United States v. Gaston
  620 F.2d 635· 7th Cir.· 1980-05-05 ·cited 2×
  The court held that the defendant's warrantless arrest was supported by probable cause, and thus the evidence seized incident to that arrest was admissible.
• United States v. Saitta
  612 F.2d 205· 5th Cir.· 1980-02-21 ·cited 2×
  The court held that the search warrant was validly issued based on independent information establishing probable cause, even without the evidence obtained from the mechanically assisted observation.
• Rhett Miles Taylor v. State
  381 So. 2d 255· Fla. 5th DCA· 1980-01-02 ·cited 2×
  Taylor appeals his marijuana possession conviction based on a nolo contendere plea, challenging the trial court's denial of his motion to suppress evidence. The court reverses, finding the officers' warrantless entry into his home was unreasonable and that the seized evidence was
• United States v. Morris
  597 F.2d 341· 2d Cir.· 1979-04-25 ·cited 2×
  The court held that further fact-finding is necessary to determine if probable cause existed to detain the appellant, independent of an unlawful arrest, before ruling on the admissibility of his confessions.
• State v. Bisbee
  367 So. 2d 1109· Fla. 3d DCA· 1979-02-27 ·cited 2×
• United States v. Sanudo-Perez
  564 F.2d 1288· 9th Cir.· 1977-11-21 ·cited 2×
  The court held that the collective information known to the surveilling officers was sufficient to establish probable cause for the arrest, and thus the denial of the motion to suppress was proper.
• State v. Shirlie Gervin
  336 So. 2d 666· Fla. 4th DCA· 1976-07-23 ·cited 2×
  The State appeals from an order suppressing heroin and paraphernalia seized from defendant during a search of a bar pursuant to a warrant. The appellate court reversed, holding the search warrant affidavit established probable cause, the police lawfully searched the bar, and the
• Jones v. State
  313 So. 2d 105· Fla. 3d DCA· 1975-05-13 ·cited 2×
  Betty Jones appeals the denial of her motion to suppress a handgun discovered during her detention in county jail. The court affirmed the suppression denial, holding that Jones voluntarily disclosed and surrendered the gun, and that the subsequent illegality of her detention did
• Stroud v. Hall
  511 F.2d 1100· 1st Cir.· 1975-03-05 ·cited 2×
  A certificate of probable cause should not issue because the conviction did not rest on suppressed evidence or tainted testimony.
• United States v. Murphree
  497 F.2d 395· 9th Cir.· 1974-05-13 ·cited 2×
  Border inspectors may require individuals entering the U.S. to roll up their sleeves to check for needle marks without needing 'real suspicion' of smuggling.
• Keener v. State
  290 So. 2d 513· Fla. 2d DCA· 1974-02-22 ·cited 2×
  The court held that the officer's actions in detaining the passenger and seizing the marijuana exceeded the legal cause for the initial stop.
• McCLOUD v. Bounds
  474 F.2d 968· 4th Cir.· 1973-03-16 ·cited 2×
  The court held that a confession obtained by confronting the defendant with evidence illegally seized from his motel room is inadmissible as fruit of the poisonous tree.
• United States v. Owens
  472 F.2d 780· 8th Cir.· 1973-01-29 ·cited 2×
  The dissent argues that the police lacked sufficient articulable facts to justify the seizure and intrusion upon Owens' Fourth Amendment rights, and that the discovery of the checks did not validate the initial illegality.
• Gustafson v. State
  273 So. 2d 86· Fla. 4th DCA· 1973-01-23 ·cited 2×
• United States v. Brown
  466 F.2d 493· 10th Cir.· 1972-09-20 ·cited 2×
  The court held that evidence obtained from police-inspired interrogation after the defendant invoked his right to remain silent and have counsel is inadmissible.
• United States v. Thurlester Wilson
  465 F.2d 1290· 7th Cir.· 1972-09-07 ·cited 2×
  The court held that the search incident to arrest was lawful because the officer had probable cause based on reliable information regarding a stolen credit card, and the sawed-off shotgun, being contraband, was lawfully seized.
• United States v. Borcich
  460 F.2d 1391· 10th Cir.· 1972-06-08 ·cited 2×
  The court held that the arrests and seizure of evidence were unlawful, and that Conaway had standing to challenge the seizure despite not being the one who threw the marihuana.
• United States v. Hackett
  437 F.2d 420· 10th Cir.· 1971-01-18 ·cited 2×
  The court held that the defendant's arrest and detention were lawful, and the federal interrogation did not violate his rights, affirming the conviction.
• United States v. James
  423 F.2d 991· 5th Cir.· 1970-04-01 ·cited 2×
  The court held that the search and seizure were not illegal and that an inadmissible statement, though improperly described to the jury, did not constitute reversible error.
• Delespine v. Beto
  418 F.2d 871· 5th Cir.· 1969-11-12 ·cited 2×
  The court held that the arrest was lawful and the confession was voluntary, affirming the denial of habeas corpus relief.
• United States v. Carino
  417 F.2d 117· 2d Cir.· 1969-10-16 ·cited 2×
  Evidence obtained from Novak's actions was admissible, even if the initial search of the car was illegal, because Novak's actions constituted an independent source of information.
• United States v. Kaplan
  416 F.2d 103· 2d Cir.· 1969-09-15 ·cited 2×
  The court held that evidence of a prior similar act was admissible to prove intent and that the remaining evidence was sufficient to support the conviction.
• Polania v. State
  208 So. 2d 624· Fla. 3d DCA· 1968-04-02 ·cited 2×
  The court held that fingerprint evidence obtained from a prior arrest is admissible even if the arrest was illegal, provided the arrest was not for the purpose of obtaining fingerprints for the current charges.
• Gilomino Diaz v. State
  206 So. 2d 37· Fla. 3d DCA· 1968-01-23 ·cited 2×
  Gilomino Diaz appeals his conviction for unlawful possession of marijuana, challenging both the admissibility of evidence seized during a hotel room search and the sufficiency of evidence supporting his conviction. The court affirmed the conviction, holding that marijuana seeds d
• Hagan v. United States
  364 F.2d 669· D.C. Cir.· 1966-06-28 ·cited 2×
  The court held that the warrantless arrest of the appellant was reasonable under the Fourth Amendment because the police had independent probable cause to believe he had committed a felony, despite the practicability of obtaining an arrest warrant.
• United States v. Rachel
  360 F.2d 858· 7th Cir.· 1966-05-05 ·cited 2×
• Youngman v. State
  342 So. 3d 770· Fla. 2d DCA· 2022-07-01 ·cited 1×
  The appellate court affirmed a conviction for child pornography offenses, holding that the defendant had no reasonable expectation of privacy in the alphanumeric identification codes (hash values) of files he voluntarily shared on a public peer-to-peer network. The court reasoned
• Bent v. State
  310 So. 3d 470· Fla. 2d DCA· 2020-08-12 ·cited 1×
  The appellate court reversed a defendant's drug convictions, holding that the evidence was obtained from an illegal traffic stop. The court found that parking a car with tires on the fog line at the edge of a rural road did not constitute a traffic violation justifying the stop.
• State v. J. J. T.
  292 So. 3d 30· Fla. 2d DCA· 2020-05-08 ·cited 1×
  The State appealed the suppression of marijuana evidence and incriminating statements found on a juvenile at school. The appellate court affirmed the suppression orders, holding that the vice principal lacked reasonable suspicion to seize the backpack and that the subsequent stat
• Trumaine Moody v. State
  255 So. 3d 953· Fla. 2d DCA· 2018-07-25 ·cited 1×
  When consent to search is obtained following an illegal police stop, the State must prove by clear and convincing evidence that an unequivocal break in the chain of illegality occurred to dissipate the taint; here, the deputy's brief explanation and request for consent, without i
• J.R. v. State
  149 So. 3d 1196· Fla. 4th DCA· 2014-11-05 ·cited 1×
  The Fourth District Court of Appeal reversed a juvenile's conviction for marijuana possession, finding that the officer's initial stop and detention of the child for suspected truancy lacked reasonable grounds under Florida law, as the child could not have been absent from school
• State v. Gonzalo Rafael Venegas
  79 So. 3d 912· Fla. 2d DCA· 2012-02-17 ·cited 1×
  Florida appealed the suppression of a custodial statement made by Venegas after he invoked his right to counsel, while Venegas cross-appealed the denial of suppression for a knife obtained based on that statement. The court affirmed suppression of the statement but reversed and r
• Faith v. State
  45 So. 3d 932· Fla. 1st DCA· 2010-10-13 ·cited 1×
  Susan Faith was arrested for obstruction by disguise after providing a false name during a traffic stop, and was subsequently found with methadone pills and charged with resisting arrest. The court reverses her convictions for possession and resisting, finding that the arrest was
• United States v. Parker
  600 F. Supp. 2d 1251· M.D. Fla.· 2009-02-17 ·cited 1×
  The court held that evidence seized from Unit A and the Anchor Road residence should not be suppressed, but evidence seized from Unit B must be suppressed.
• State v. S.R.
  1 So. 3d 221· Fla. 3d DCA· 2008-12-17 ·cited 1×
  The trial court abused its discretion by denying the State's request to reopen the case and call a material witness whose testimony was readily available, especially when the issue was first raised by the court late in proceedings.
• State v. Fabio Rincon
  994 So. 2d 430· Fla. 3d DCA· 2008-10-29 ·cited 1×
  The State appealed a trial court order suppressing a defendant's statements—one made at a crime scene before Miranda warnings and another at the police station after Miranda warnings were given and waived. The Florida appellate court reversed, holding that the defendant was not i
• Larico Alexander Cummings v. State
  956 So. 2d 559· Fla. 5th DCA· 2007-05-25 ·cited 1×
  Larico Cummings appeals his convictions for drug trafficking, firearm possession by a felon, and driving with a suspended license. The court affirmed, holding that even if a traffic stop extended into an unlawful seizure, the inevitable discovery doctrine allowed admission of evi
• State v. K.W.
  832 So. 2d 803· Fla. 3d DCA· 2002-09-30 ·cited 1×
  A warrantless search and seizure of property without probable cause is unlawful, and the fruits must be suppressed.
• State v. Grady
  811 So. 2d 829· Fla. 2d DCA· 2002-03-22 ·cited 1×
  The State appeals a trial court order suppressing evidence and dismissing charges against Jessica Grady for identity fraud and other offenses, which were investigated after her husband voluntarily disclosed privileged marital communications to law enforcement. The appellate court