Fruit of the Poisonous Tree

Question 1

FOPT Intro for Test

Answer 1

The Supreme Court has recognized that in some cases, when evidence is obtained by virtue of information derived from a prior constitutional violation, the derivative evidence is likewise impermissibly tainted by the prior constitutional violation. In such cases, it must be decided whether the derivative evidence must be suppressed as the fruit of the poisonous tree.

Question 2

Direct Evidence

Answer 2

evidence that constitutes the immediate proceeds of a constitutional violation

Question 3

Derivative evidence

Answer 3

evidence that is obtained from a prior govt constitutional violation

Question 4

Silverthorne

Answer 4

genesis of FOPT. Illegally obtained evidence shall not be used at all

Question 5

Nardone

Answer 5

Independent Source Doctrine - if govt has independent legal source in addition to illegal source, evidence will be admitted

Question 6

Nix

Answer 6

Inevitable Discovery Doctrine - if evidence has been obtained by virtue of unconstitutional conduct, it is not subject to exclusionary rule if prosecution can establish by Prep of evidence that the info ultimately would have been discovered by lawful means and in sufficient time to preserve the evidence

Question 7

What are 3 ways to avoid FOPT doctrine?

Answer 7

Inevitable Discovery Doctrine &
Independent Source Doctrine &
Sufficiently Attenuate the Taint of the Initial Illegality

Question 8

Brown 3 part Test:

Answer 8

1. Time between illegal arrest and discovery of evidence;
2. Presence of intervening circumstances; and
3. Purpose and flagrancy of any official misconduct.
   TOC; no 1 factor dispositive.

Question 9

Wong Sun Rule

Answer 9

Derivative evidence will be treated as FOPT and will be inadmissible unless sufficiently attenuated from the unlawful conduct to be purged of the primary taint.

Question 10

Brown Rule & Purpose

Answer 10

While Miranda warnings guard against Fifth Amendment breaches, they do not necessarily cure Fourth Amendment violations. If Miranda warnings alone attenuated the taint of an unconstitutional arrest, the effect of the exclusionary rule would be substantially diluted. Illegal arrests would be encouraged by the knowledge that evidence derived from them could be made admissible at trial by the simple expedient of giving Miranda warnings.
Court declined to adopt a per se rule that receipt of Miranda warnings can never break the causal chain between an unlawful arrest and subsequent confession

Question 11

Brown Facts

Answer 11

After being illegally arrested (mass sweep) for murder, suspect was Mirandized, waived his rights, and made incriminating statements w/in 2 hrs. of arrest

Question 12

Wong Sun Facts

Answer 12

Narcotics agents illegally broke into Toy’s laundry and chased him to his living quarters where Toy’s wife/child were sleeping. After he was illegally arrested, Toy told agents that Yee had been selling narcotics. Agents then illegally searched Yee’s house; he surrendered heroin to them and implicated Wong-Sun, taking them to his house. Agents searched Wong-Sun’s house, but found no drug evidence. Three days later, after ROR, all three volunteered to be interrogated.