What Is the Fruit of the Poisonous Tree Doctrine?
- Matthew 7:17-18 says, "Likewise, every good tree bears good fruit, but a bad tree bears bad fruit. A good tree cannot bear bad fruit, and a bad tree cannot bear good fruit." This phrase is applied to the law in this doctrine.
- If a bad tree always yields bad fruit, then a bad source always yields bad evidence. This is the theory behind the fruit of the poisoned tree doctrine.
- If police obtain evidence through illegal means, then that evidence is tainted. The evidence cannot be used in a court of law.
- If a police officer performs an illegal search of someone's property and finds a murder weapon in that search, the murder weapon generally cannot be used in a trial. Because the weapon was found as the result of an illegal search, it is thought to be tainted evidence and must be excluded.
- In Silverthorne Lumber Company vs. the United States (1920), this doctrine was upheld when the government conducted an illegal search and found documents that incriminated the owner of a lumber company.