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

• Miller v. State
  300 So. 2d 53· Fla. 3d DCA· 1974-09-10
  An illegal alien arrested on federal charges confessed to murder after being interrogated by state officers. The defendant appealed his first-degree murder conviction, arguing his confession should have been suppressed as fruit of an illegal arrest and as involuntary, but the cou
• United States v. Borg
  501 F.2d 1341· 10th Cir.· 1974-09-04
  The court held that the defendant's extrajudicial statements to the FBI were admissible and the evidence was sufficient to sustain the conviction.
• Rodovich v. United States
  499 F.2d 358· 5th Cir.· 1974-08-26
  The court held that the appellant's conviction was not tainted by any illegal government conduct, as the evidence leading to his arrest was independently obtained and not a fruit of any poisonous tree.
• State v. Kauflin
  294 So. 2d 4· Fla. 1st DCA· 1974-05-07
  The State appeals a suppression order where the trial court barred evidence of marijuana found in a defendant's trailer during an investigation by naval investigators. The appellate court reversed, holding the evidence admissible under the plain view doctrine because the investig
• Culnane v. State
  277 So. 2d 805· Fla. 3d DCA· 1973-05-08
  John Peter Culnane was convicted of conspiracy to commit felony heroin sale and unlawful possession of naroin after a bench trial. On appeal, he challenged the trial court's denial of his motion to suppress evidence obtained from a warrantless search of his motel room, but the ap
• Wayman Patterson v. Lash
  452 F.2d 150· 7th Cir.· 1971-11-10
  The court held that the search of the automobile trunk was reasonable under the Fourth Amendment, and evidence seized was admissible in the Indiana trial. The Ohio court's exclusion of the evidence did not compel Indiana to exclude it.
• State v. Mullins
  36 Fla. Supp. 154· Brevard Cty. Ct.· 1971-11-10
  Statements made by an accused after requesting counsel, induced by assurances that they would not be used against him and continued interrogation, are inadmissible.
• Wainwright v. Procunier
  446 F.2d 757· 9th Cir.· 1971-08-06
  The court held that the initial search of the appellant's person was unlawful because it was incident to an invalid arrest for a non-existent offense, rendering subsequent discoveries inadmissible as fruit of the poisonous tree.
• United States v. Williams
  440 F.2d 1235· 6th Cir.· 1971-04-19
  The court held that the officers had probable cause to arrest the defendants, and evidence obtained thereafter was admissible.
• United States v. Leyva-Barragan
  423 F.2d 669· 9th Cir.· 1970-03-23
  The court held that the marijuana was admissible and that there was sufficient evidence to connect appellant Perez to it, but the case must be remanded for a new trial due to intervening precedent.
• United States v. Littleton Fred Capps
  421 F.2d 1341· 9th Cir.· 1970-02-13
  The court held that the evidence was sufficient to support the conviction and that the evidence was not the fruit of an illegal search.
• State v. Logue
  33 Fla. Supp. 90· Santa Rosa Cty. Cir. Ct.· 1970-01-15
  The court held that the defendants have standing to challenge the lawfulness of the search and seizure, and therefore the motion to suppress is granted.
• United States v. Durham
  419 F.2d 392· 9th Cir.· 1969-11-12
  The court held that the discovery of the wallet was not the fruit of an unlawful search, and thus admissible.
• Coleman v. Maxwell
  399 F.2d 662· 6th Cir.· 1968-08-29
  The court held that the petitioner was not deprived of any federal constitutional right, and the District Court's findings were not clearly erroneous.
• United States v. Jackson
  387 F.2d 115· 4th Cir.· 1967-12-04
  The court held that evidence found during a jail search of the defendant was admissible because the search was independent of and not tainted by a prior, potentially illegal search of his vehicle.
• Babson v. State
  201 So. 2d 796· Fla. 1st DCA· 1967-08-03
  Janet Babson appeals her second-degree murder conviction and life sentence, arguing she was deprived of due process when the State monopolized police witnesses through a police department directive and when statements she made should have been suppressed as fruit of the poisonous
• Fountain v. State
  199 So. 2d 738· Fla. 3d DCA· 1967-05-23
  The court held that a warrantless search of an automobile based on probable cause is reasonable, and a subsequent traffic arrest does not invalidate the search.
• United States ex rel. Edward Suarez v. Hon. Harold W. Follette (successor to Hon. Edward M. Fay)
  371 F.2d 426· 2d Cir.· 1967-01-10
  The court held that evidence obtained was not the result of illegal police conduct, even if some actions were questionable.
• United States v. Williams
  328 F.2d 887· 2d Cir.· 1964-03-09
  The court held that the search and arrest of co-defendants were not illegal, and thus the evidence was not fruit of an unconstitutional search and seizure.
• State v. Richmond
  16 Fla. Supp. 35· Dade Cty. Cir. Ct.· 1960-04-05
  This case reviews a conviction for bookmaking where the evidence was seized without a warrant prior to arrest. The court held that the seizure was unlawful, as it was based on mere suspicion rather than probable cause or a warrant, and therefore the evidence should have been supp