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. Fury
  554 F.2d 522· 2d Cir.· 1977-04-27 ·cited 71×
  The court held that the denial of the motions to suppress was proper, affirming the convictions. Wiretap evidence obtained was admissible despite procedural irregularities in sealing and notice, as appellants failed to demonstrate prejudice or lack of standing.
• Caraballo v. State
  39 So. 3d 1234· Fla.· 2010-06-24 ·cited 70×
  Victor Caraballo was convicted of first-degree murder, kidnapping, robbery, and sexual battery in the brutal 2002 attack on Ana Maria Angel and Nelson Portobanco on Miami Beach. The Florida Supreme Court affirmed Caraballo's convictions but reversed his death sentence and remande
• United States v. Baldacchino
  762 F.2d 170· 1st Cir.· 1985-05-20 ·cited 70×
  The court affirmed the district court's decision, holding that the defendant's arrest was lawful due to probable cause and exigent circumstances, and that his subsequent statements were voluntary and admissible.
• Lewis v. State
  337 So. 2d 1031· Fla. 2d DCA· 1976-10-06 ·cited 70×
  The court reversed a drug possession conviction and suppression denial, holding that an anonymous tip about a car matching a general description (red Volkswagen with two white males) is insufficient reasonable suspicion to justify a traffic stop under Florida law and the Fourth A
• United States v. Jenkins
  496 F.2d 57· 2d Cir.· 1974-04-05 ·cited 70×
  The court affirmed convictions for Jenkins, Hall, and Wilcox, finding sufficient evidence and no abuse of discretion in denying severance. The conviction for Morrow was remanded for correction of sentencing form.
• United States v. Barrow
  363 F.2d 62· 3d Cir.· 1966-07-18 ·cited 70×
  The court held that the evidence was sufficient to support convictions for conspiracy and substantive offenses under the Travel Act, and that certain testimony was admissible despite potential issues with illegal searches or detentions. The court reversed the conviction of one ap
• Addison v. United States
  317 F.2d 808· 5th Cir.· 1963-05-24 ·cited 70×
  The court held that the failure of the court reporter to record oral arguments of counsel does not automatically warrant reversal without a showing of prejudice, and that the burden is on the accused to prove evidence was illegally obtained.
• United States v. Causey
  834 F.2d 1179· 5th Cir.· 1987-12-17 ·cited 69×
  The court affirmed the conclusion that the arrest was objectively reasonable, despite potential subjective motivations.
• United States v. Davis
  617 F.2d 677· D.C. Cir.· 1979-10-26 ·cited 69×
  The court held that grand jury testimony given pursuant to a plea agreement, even if the defendant later withdraws from the agreement, is not inadmissible under Federal Rule of Criminal Procedure 11(e)(6) and can be admitted if voluntary and not the fruit of prior illegal conduct
• United States v. Rahn
  511 F.2d 290· 10th Cir.· 1975-02-28 ·cited 69×
  The court held that the affidavit provided sufficient probable cause to believe that the weapons were located in the appellant's residence, rendering the search lawful.
• United States v. Michael and Janet Falley
  489 F.2d 33· 2d Cir.· 1973-11-28 ·cited 69×
  The court should have found that the government failed to prove an independent source for the discovery of the appellants' customs broker, and thus the evidence was tainted.
• United States v. Rubiel Marin-Cifuentes
  866 F.2d 988· 8th Cir.· 1989-01-19 ·cited 68×
  The court affirmed the convictions and sentences, finding no error in the admission of evidence, sufficiency of evidence, denial of severance, or sentencing.
• United States v. Allard
  634 F.2d 1182· 9th Cir.· 1980-10-14 ·cited 68×
  Suppression of evidence is required when the government illegally seizes evidence and continues that seizure while procuring a search warrant, even if the warrant is supported by an independent source.
• United States v. Villarreal
  565 F.2d 932· 5th Cir.· 1978-01-09 ·cited 68×
  The dissenting judge would hold that the Border Patrol officers lacked reasonable suspicion to stop the first vehicle, making the subsequent discovery of contraband in the second vehicle inadmissible as fruit of the poisonous tree.
• James v. United States
  418 F.2d 1150· D.C. Cir.· 1969-06-20 ·cited 68×
  The court held that the evidence seized pursuant to the warrant was admissible because the lawfully obtained information, considered independently, established probable cause, and that the appellant's statements to the officer were admissible as they were not the product of custo
• Adams v. United States
  399 F.2d 574· D.C. Cir.· 1968-06-21 ·cited 68×
  The court held that identification testimony obtained during a period of illegal detention, in violation of Rule 5(a), is inadmissible, even if the initial arrest was lawful.
• Harried v. United States
  389 F.2d 281· D.C. Cir.· 1967-11-30 ·cited 68×
• United States v. Nikrasch
  367 F.2d 740· 7th Cir.· 1966-10-05 ·cited 68×
  The court held that the warrantless search of the car, conducted hours after the arrest and too remote in time and place to be incidental to it, violated the Fourth Amendment, rendering the evidence obtained and subsequent confessions inadmissible.
• Sheff v. State
  329 So. 2d 270· Fla.· 1976-02-25 ·cited 67×
  Thomas Sheff was convicted of marijuana possession after police searched his motel room and vehicle. The Florida Supreme Court held that although the initial warrantless police entry into the motel room was illegal, the subsequent seizure of evidence from Sheff's car and later se
• United States v. Mallides
  473 F.2d 859· 9th Cir.· 1973-01-22 ·cited 67×
  The court held that the stop and detention of the appellant's vehicle were illegal because they were based on insufficient, subjective suspicion, rendering the evidence obtained inadmissible.
• LEE v. State
  868 So. 2d 577· Fla. 4th DCA· 2004-02-18 ·cited 66×
  Damon Lee appeals his convictions for cocaine possession and probation violation after police stopped him based on an anonymous tip about drug sales. The Fourth District reversed, holding that the anonymous tip lacked sufficient specificity and independent corroboration to establ
• Maulden v. State
  617 So. 2d 298· Fla.· 1993-03-25 ·cited 66×
  Charles Maulden appeals his conviction for two counts of first-degree murder and corresponding death sentences. The Florida Supreme Court affirmed the murder convictions but vacated the death sentences, finding the trial court erred in applying the cold, calculated, and premedita
• United States v. McCRADY
  774 F.2d 868· 8th Cir.· 1985-10-01 ·cited 66×
  The court held that the warrantless search of the car's glove compartment was a valid search incident to arrest under the Belton rule, and the subsequent apartment search was not tainted. The court also found the admission of the assistant U.S. attorney's testimony to be an abuse
• Ricks v. United States
  334 F.2d 964· D.C. Cir.· 1964-06-09 ·cited 66×
  Statements elicited from the appellant by police after his arrest and before his presentment to a magistrate, in violation of Rule 5(a) and his right to counsel, were inadmissible.
• JAY v. State
  731 So. 2d 774· Fla. 4th DCA· 1999-04-14 ·cited 65×
  Tyrone Jay was convicted of resisting an officer without violence and possessing a weapon as a convicted felon after fleeing from a police officer's attempted arrest for obstruction. The court reversed, holding that the officer was not engaged in the lawful execution of a legal d
• Passman v. Blackburn
  652 F.2d 559· 5th Cir.· 1981-08-06 ·cited 65×
  The court held that the petitioner's arrest lacked probable cause, but the identification testimony was not a fruit of the poisonous tree and the Sixth Amendment right to counsel had not attached at the time of the show-up identification. Several other grounds for relief were als
• United States v. Richards
  500 F.2d 1025· 9th Cir.· 1974-06-13 ·cited 65×
  The court held that the police conduct constituted an arrest, not a mere investigatory detention, and that the arrest was illegal due to lack of probable cause.
• United States v. McCANN
  465 F.2d 147· 5th Cir.· 1972-06-12 ·cited 65×
• United States v. Ven-Fuel, Inc.
  758 F.2d 741· 1st Cir.· 1985-03-21 ·cited 64×
  The court held that the statute's language, derived from an 1890 act, requires criminal intent and does not impose liability for mere negligence.
• United States v. Larios
  640 F.2d 938· 9th Cir.· 1981-01-28 ·cited 64×
  The court held that the conviction was supported by sufficient evidence and that the note was admissible, but the sentencing judge abused his discretion by failing to adequately familiarize himself with the case, requiring resentencing by a new judge.
• Royer v. State
  389 So. 2d 1007· Fla. 3d DCA· 1979-12-28 ·cited 64×
  Mark Royer was arrested after police officers at Miami International Airport observed him matching a drug courier profile and, following his consent, searched his luggage and found 65 pounds of marijuana. The Florida District Court of Appeal affirmed the denial of his motion to s
• United States v. Perez-Esparza
  609 F.2d 1284· 9th Cir.· 1979-10-23 ·cited 64×
  A prolonged detention for custodial interrogation, even if voluntary consent to search is obtained during that detention, requires probable cause; otherwise, evidence obtained is fruit of the poisonous tree and must be suppressed.
• United States v. Holmes
  537 F.2d 227· 5th Cir.· 1976-08-20 ·cited 64×
• In re Evans v. Violations OF 18 U.S.C. Sections 231
  452 F.2d 1239· D.C. Cir.· 1971-07-23 ·cited 64×
  The court held that a grand jury witness compelled to testify after illegal electronic surveillance, despite a grant of immunity, has standing to challenge the violation of her statutory and constitutional rights.
• Gatlin v. United States
  326 F.2d 666· D.C. Cir.· 1963-12-19 ·cited 64×
  Convictions must be reversed because evidence obtained from illegal arrests and subsequent confessions, violating the Fourth Amendment and Rule 5(a), was improperly admitted.
• McCLOUD v. State
  491 So. 2d 1164· Fla. 2d DCA· 1986-06-13 ·cited 62×
  Frank McCloud was stopped by officers near a boarded-up building in a high-crime area late at night and subsequently arrested for carrying a concealed firearm and possessing cannabis. The Florida District Court of Appeal reversed his conviction, holding that the investigatory sto
• Phelper v. Decker
  401 F.2d 232· 5th Cir.· 1968-08-06 ·cited 62×
  The court held that the trial judge's procedure for determining the voluntariness of consent to search was constitutionally adequate, and that any taint from a potential illegal arrest was dissipated by the voluntary consent. The court also held that a failure to prove an element
• Simpson v. United States
  346 F.2d 291· 10th Cir.· 1965-01-19 ·cited 62×
  The court held that evidence obtained through unlawful searches and seizures, including information derived from those searches, should have been suppressed.
• United States v. Cella
  568 F.2d 1266· 9th Cir.· 1977-12-09 ·cited 61×
  The court held that the trial court did not err in rejecting the 'fruit of the poisonous tree' argument because the government's evidence was derived from significant independent sources, and the defendants lacked standing to suppress certain evidence.
• United States v. Hunt
  505 F.2d 931· 5th Cir.· 1974-12-23 ·cited 61×
  The defendants lacked standing to contest the search and seizure because they did not have a reasonable expectation of privacy in the seized items.
• AU YI LAU v. United States Immigr. & Naturalization Serv.
  445 F.2d 217· D.C. Cir.· 1971-03-19 ·cited 61×
  Immigration officers may detain individuals temporarily for questioning based on reasonable suspicion, not necessarily probable cause, consistent with Fourth Amendment standards and statutory authority.
• Clark A. Caplan v. State
  531 So. 2d 88· Fla.· 1988-08-18 ·cited 60×
  The Florida Supreme Court held that the mere observation of hand-rolled cigarette papers in a vehicle does not create probable cause for a search without additional corroborating factors, and that a vehicle left in a busy intersection at the owner's request for towing assistance
• Holleman v. Duckworth
  700 F.2d 391· 7th Cir.· 1983-02-18 ·cited 60×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the admissibility of the confessions.
• McCLURE v. United States
  332 F.2d 19· 9th Cir.· 1964-05-04 ·cited 60×
  The court held that the entry into Gaxiola's home was lawful under 18 U.S.C. § 3109, and the use of a twin-phone attachment did not violate the Communications Act, affirming convictions based on evidence obtained.
• State v. Anderson
  591 So. 2d 611· Fla.· 1992-01-02 ·cited 59×
  The Florida Supreme Court held that while abandonment of property during an illegal police stop is generally involuntary and suppressible, Anderson's detention was lawful based on the totality of circumstances, making the subsequent abandonment of cocaine paraphernalia voluntary
• Saavedra v. State
  576 So. 2d 953· Fla. 1st DCA· 1991-04-04 ·cited 59×
  Tommy Saavedra was convicted of burglary, armed kidnapping, and three counts of sexual battery for breaking into a neighbor's home and assaulting a 12-year-old girl. On appeal, he challenged the validity of his convictions and sentences on multiple grounds, including double jeopa
• United States v. Bengivenga
  845 F.2d 593· 5th Cir.· 1988-05-25 ·cited 59×
  The court held that the act of producing baggage claim stubs, in the context of a border stop, is testimonial and incriminating, and that the suspect was in custody for Miranda purposes.
• United States v. Spetz
  721 F.2d 1457· 9th Cir.· 1983-05-13 ·cited 59×
  The court held that the dog sniffs were lawful, the warrant for the van pak was valid despite minor misstatements in the affidavit, the protective sweep of the residence was unlawful, but the subsequent search warrant for the residence was valid due to independent probable cause.
• United States v. Beck
  602 F.2d 726· 5th Cir.· 1979-09-17 ·cited 59×
  The court held that the evidence obtained from the defendant was the fruit of an illegal stop and seizure, and therefore should have been suppressed.
• United States v. Lilly
  576 F.2d 1240· 5th Cir.· 1978-07-24 ·cited 59×
  Body cavity searches of inmates require reasonableness, balancing institutional needs against inmate rights; notice is essential for random searches absent specific suspicion, but not required when officials have reason to believe contraband is being smuggled.