When addressing criminal defense cases, one thing to consider is how evidence in the case was gathered by law enforcement. In some cases, if procedures and laws were not followed, this could invalidate the evidence.
A crucial component of this is a legal doctrine known as the fruit of the poisonous tree. This usually applies to search and seizure issues, such as when the police carry out an illegal search. Evidence that they find may have to be excluded from the criminal trial.
The evidence is the fruit
The doctrine is a metaphor where the property search is the “tree.” The evidence that was gathered during that search is the “fruit.”
For instance, say that a search was conducted, but that search itself was not legal. Maybe police officers never got a search warrant or consent from the property owner. They should not have entered the property, but they did so anyway, violating the defendant’s rights.
While inside the house, those officers did find compelling evidence of criminal wrongdoing, such as illegal drugs that were being prepared for sale or records of a financial crime. But because the original “tree” has been poisoned due to the illegal search, all of the evidence that was discovered is called into question.
Your criminal defense options
Naturally, this doctrine will not apply in every situation, but it is important to know how it works. Excluding evidence from a criminal case can be a strong form of support for a defendant’s case, lowering the chances of conviction. Those who are facing serious charges need to know exactly what legal defense options they have.