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67) What are the Fruits of the Poisonous Tree? ~ Michael A Haber Miami Criminal Lawyer
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- čas přidán 7. 03. 2016
- Thank you for asking me “What are the “Fruits of the Poisonous Tree”?”
The “fruit of the poisonous tree” is a legal doctrine which excludes what would otherwise be admissible evidence except that the evdience was attained because of a constitutional violation by law enforcement.
The concept stems from a US Supreme Court case called “Wong Sun”.
In Wong Sun narcotics agents had illegally entered a laundry mat and got a guy named Toy to tell them that a guy named Johnny was selling drugs. Naturally the narcs went to Johnnys, found the dope, shook Johnny down and made a deal which ended with Johnny giving up his supplier... yes, you guessed it, the supplier was a guy named Wong Sun.
So, naturally, the narcotics agents arrested Wong Sun, who, for reasons unknown, several days after bring arrested and released from jail, voluntarily returned to the police station and confessed.
The case made it’s way up to the US Supreme Court which ultimately held that, because the initial entry into Toy’s laundry mat was illegal both Toy's statements and the resulting drugs that the narcs found at Johnny's should both be excluded as “fruits of the poisonous tree”.
Unfortunately for Wong Sun the Supreme Court did not exclude / suppress his “several days later confession”, primarily because it was independent of any unlawful police conduct, proving that if the fruit is sufficiently “attenuated” then it will not be suppressed
At Michael A. Haber, PA "it's all about reasonable doubt"!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
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Thank you for upholding justice *Long Live The Constitution*
Thank you very much for the props.
It's quite nice to be appreciated.
That said I thank you very much for your comment, I appreciate your having taken the time to watch my VideoFAQ / Webisode, even more so your having commented, and (if you've not already done so then) I strongly encourage and respectfully ask that you please subscribe to my channel (czcams.com/users/michaelhaberlaw ).
I hope that you will watch some of my other VideoFAQ / Webisodes, that you will enjoy them and that they will be helpful to you.
#HaberPA's VideoFAQ presently has 375 Criminal Defense, Criminal Law, Criminal Procedure, Constitutional Law, Evidence, DUI, BUI, Domestic Violence, Probation, Crime Victim Rights and Seal & Expunge related VideoFAQs / Webisodes!
Should you have a Criminal Defense, Criminal Law, Criminal Procedure, Constitutional Law, Evidence, DUI, BUI, Domestic Violence, Probation, Crime Victim Rights and Seal & Expunge question that you would like for me to address and answer then please feel free to ask (you can email me at sharky910@aol.com, call or text my cell 305-798-2220, IM me on Facebook at HaberPA, IM me on Twitter @Sharky910 or even message me right here on CZcams at MichaelHaberLaw) and I will try to provide you with a video answer on a new HaberPA Webisode / VideoFAQ!
Please remember that at #HaberPA "Its all about reasonable doubt"!
Again, thank you so much for your view and comment.
Fondly,
MAH/Esq
Website: www.criminallaw.miami
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Thank you for this information. I'd like to ask if this applies to a case were an alleged victim takes evidence (after the arrest of defendant) from the alleged crime scene? It was not alleged victims residence, no police agency assisted in retrieval of the physical evidence and no search warrant was ever obtained. The alleged victim took the "evidence" to the police department and it was used as exhibits in the trial, now in the appeals stage we find there isn't a chain of custody....is this still fruit of a poisonous tree??
Thanks for your question Christen.
Each case is unique and must be judged through the lens of it's own set of facts and circumstances with the applied law, so I cannot tell you based on your one paragraph proffer what was or was not proper that your case.
What I can say is that Fruit of the Poisonous Tree, and the Exclusionary Rule in general, are court made remedies for constitutional violations by the government, not by private citizens (who can commit a burglary or a theft but who cannot commit an unlawful search and seizure).
So, for example, if a citizen - say your roommate or ex-lover, steals your phone and delivers it to the cops, together with the code to unlock it, and shows them kiddie porn images, well, the cops have done nothing wrong in acquiring those images off of your phone.
The smart practice would be for the cops to stop, take this information to a Judge and secure a search warrant, but the "theft" and delivery of the phone by a private citizen to the government does not implicate the 4th.
I hope this is helpful.
I thank you for your question.
I will be happy to answer more at any time.
Please consider subscribing to my CZcams Channel.
I've got 144 VideoFAQs up with another 43 in production.
Fondly,
MAH/Esq
Michael Haber Thank you so much, and I will subscribe.
You are most welcome, an thank you!!!
Is it legal to take fruit or coconut from roadside tree? I saw many people do that in Florida. I don’t know if there any law about it.
I think you may have missed the point of this video... still I'll offer this up to you...
You have to be very careful in taking anything from anywhere. Just because a tree appears to you to be on the roadside does not mean that it is not on private property, and if it is, and if you take an apple or an orange or a key lime or a mango or a coconut or whatever off of someone else's tree that is on someone else's land then you have committed both a trespass and a theft.
It's a lot safer to pop into Publix (or Whole Foods, Fresh Market, Trader Joe's, Aldi, etc.) and buy whatever you desire.
That said, I thank you very much for your comment, I appreciate your having taken the time to watch my VideoFAQ / Webisode, even more so your having commented, and (if you've not already done so then) I strongly encourage and respectfully ask that you please subscribe to my channel (czcams.com/users/michaelhaberlaw ).
I hope that you will watch some of my other VideoFAQ / Webisodes, that you will enjoy them and that they will be helpful to you.
#HaberPA's VideoFAQ has 337 Criminal Defense, Criminal Law, Criminal Procedure, Evidence, DUI, BUI, Crime Victim Rights and Seal & Expunge related VideoFAQs / Webisodes!
Should you have a Criminal Defense, Criminal Law, Criminal Procedure, Evidence, DUI, BUI, Crime Victim Rights, Domestic Violence or a Seal & Expunge question that you would like for me to address and answer then please feel free to ask (you can email me at sharky910@aol.com, call or text my cell 305-798-2220, IM me on Facebook at HaberPA, IM me on Twitter @Sharky910 or even message me right here on CZcams at MichaelHaberLaw) and I will try to provide you with a video answer on a new HaberPA Webisode / VideoFAQ!
Please remember that at Michael A. Haber, P.A. "Its all about reasonable doubt"!
Again, thank you so much for your view and comment.
Fondly,
MAH/Esq
Website: www.criminallaw.miami
CZcams: MichaelHaberLaw
BlogSpot: HaberCriminalLaw
Facebook: HaberPA
Twitter: @Sharky910
E-Mail: Sharky910@aol.com
Cell: 305-798-2220
Office: 305-381-8686
Toll Free: 1-888-SHARK-8-1
#HaberPA: Boutique Criminal Defense, DUI, BUI, Domestic Violence, Crime Victim's Rights and Seal & Expunge advocacy since 1991.
Would this apply to a situation where officers suspected someone was dealing drugs and arrested someone while watching them at their home due to thinking they saw a deal go down(what looked like a bag of cocaine and a cash exchange), and while obtaining a warrant unlawfully searched the house? If the warrant was issued based on the "first drug deal" opposed to what was found during the unlawful search what would happen to the evidence ultimately obtained? What cases would support this?
Thanks.
Hello Ashley.
If this is a real world case then I hope that you will understand that I am not going to do free legal research for you and spell out case law that your attorney is responsible for locating, correlating and arguing.
I also cannot give you a responsible and competent answer to the ultimate question without looking at all the facts (not just your 3 sentence proffer) but (big "but" here) if the police - in both fact and law - "unlawfully searched the house" while waiting for a warrant then there is an argument to be made for suppression. Of course there is also a counter argument to be made for admissibility (consider exceptions to the warrant requirement such as "inevitable discovery", "plain view" or "exigent circumstances" to name a few).
The bottom line is that 4th Amendment analysis such as this require careful scrutiny of the totality of the circumstances, not just your one sided proffer. What circumstances exist is both fact dependent and fact specific, and there are always objective criteria (both present and lacking) to consider in the analysis.
So the issue of whether your detention, search and arrest were proper can only be determined by a thorough / comprehensive analysis of the facts and circumstances thereof. You cannot get a competent answer to the legality of the same without discussing the matter in its entirety (which will include a review of the police version of events) with an experienced local criminal defense lawyer.
That said, I thank you very much for your comment, I appreciate your having taken the time to watch my VideoFAQ / Webisode, even more so your having commented, and (if you've not already done so then) I strongly encourage and respectfully ask that you please subscribe to my channel (czcams.com/users/michaelhaberlaw ).
I hope that you will watch some of my other VideoFAQ / Webisodes, that you will enjoy them and that they will be helpful to you.
#HaberPA's VideoFAQ has 337 Criminal Defense, Criminal Law, Criminal Procedure, Evidence, DUI, BUI, Crime Victim Rights and Seal & Expunge related VideoFAQs / Webisodes!
Should you have a Criminal Defense, Criminal Law, Criminal Procedure, Evidence, DUI, BUI, Crime Victim Rights, Domestic Violence or a Seal & Expunge question that you would like for me to address and answer then please feel free to ask (you can email me at sharky910@aol.com, call or text my cell 305-798-2220, IM me on Facebook at HaberPA, IM me on Twitter @Sharky910 or even message me right here on CZcams at MichaelHaberLaw) and I will try to provide you with a video answer on a new HaberPA Webisode / VideoFAQ!
Please remember that at Michael A. Haber, P.A. "Its all about reasonable doubt"!
Again, thank you so much for your view and comment.
Fondly,
MAH/Esq
Website: www.criminallaw.miami
CZcams: MichaelHaberLaw
BlogSpot: HaberCriminalLaw
Facebook: HaberPA
Twitter: @Sharky910
E-Mail: Sharky910@aol.com
Cell: 305-798-2220
Office: 305-381-8686
Toll Free: 1-888-SHARK-8-1
#HaberPA: Boutique Criminal Defense, DUI, BUI, Domestic Violence, Crime Victim's Rights and Seal & Expunge advocacy since 1991.
@@MichaelHaberLaw No this is not a "real world case," nor do I expect "free legal advice." It's merely a scenario that is in regard to the exclusionary rule and pertains to a class I am taking to assist in a deeper understanding of the exceptions/doctrines that apply to the exclusionary rule.
Thanks for your response.
Moreover, in my opinion the inevitable discovery doctrine would more than likely apply based on the cricumstances that are presented. To reiterate, the question was not based on a "true event." Thus, the basis of the situation is what one is left to conclude from. Indubitably, in "real life" scenarios one would have a myriad of other factors associated with the case to draw from.
Thanks again.
@@jetsaboteur8788 Okay. I hope that my answer was of some assistance.
@@jetsaboteur8788 Ashley I understand that you are jumping through your hoops and doing what you have to do (as I did from 1988-91 when I earned by JD) but I am more than 30 years out from "silly" school scenarios and have been so deeply mired in the real world that, respectfully, I view academia as a complete and utter waste of my time.
What happens in the classroom is so far gone from what occurs in the real world as to be almost laughable.
Still, wishing you all the best (and loving your use of the word "Indubitably").
Fondly,
MAH/Esq
Have you read Melvin Stampers book ?
No. But I just Googled it and read the summary ("Stamper's ability to explain complex legal and political information in a comprehensive yet concise manner is without equal").
This looks precisely like what I try to do (albeit in 1-1:30 minute videos... :-).
Thanks for your comment (and what I am going to choose to accept as a compliment to my similar ability "to explain complex legal and political information in a comprehensive yet concise manner".. albeit perhaps with equal... :-).
If your enjoyed my VideoFAQ / Webisode then please consider subscribing to my CZcams channel.
Thanks again!
Fondly,
MAH/Esq.
The FBI did this to Trump.
If you say so.
Please know - and respect - this: My CZcams channel is an effort to provide information to folks who have, or who may have, real world criminal justice related issues, as well as to serve as a source of information for folks who are seeking to improve their base of knowledge.
What it is not is a forum for political commentary or discussion.
Although I choose to keep my politics entirely to myself I also respect every other person on the planet's rights to a) enjoy their own political beliefs and b) espouse them... except on my channel / page / website (none of which are democracies and all of which are totalitarian regimes... with me being the sole dictator, judge, jury and executioner).
Operating on the premise that we have an understanding I am not going to delete your comment; rather I will choose to thank you very much for your comment, express my appreciation for you having taken the time to watch my VideoFAQ / Webisode, even more so your having commented, and (if you've not already done so then) I will strongly encourage and respectfully ask that you please subscribe to my channel (czcams.com/users/michaelhaberlaw ).
I hope that you will watch some of my other VideoFAQ / Webisodes, that you will enjoy them and that they will be helpful to you.
#HaberPA's VideoFAQ has 337 Criminal Defense, Criminal Law, Criminal Procedure, Evidence, DUI, BUI, Crime Victim Rights and Seal & Expunge related VideoFAQs / Webisodes!
Should you have a Criminal Defense, Criminal Law, Criminal Procedure, Evidence, DUI, BUI, Crime Victim Rights, Domestic Violence or a Seal & Expunge question that you would like for me to address and answer then please feel free to ask (you can email me at sharky910@aol.com, call or text my cell 305-798-2220, IM me on Facebook at HaberPA, IM me on Twitter @Sharky910 or even message me right here on CZcams at MichaelHaberLaw) and I will try to provide you with a video answer on a new HaberPA Webisode / VideoFAQ!
Please remember that at #HaberPA "Its all about reasonable doubt"!
Again, thank you so much for your view and comment.
Fondly,
MAH/Esq
Website: www.criminallaw.miami
CZcams: MichaelHaberLaw
BlogSpot: HaberCriminalLaw
Facebook: HaberPA
Twitter: @Sharky910
E-Mail: Sharky910@aol.com
Cell: 305-798-2220
Office: 305-381-8686
Toll Free: 1-888-SHARK-8-1
#HaberPA: Boutique Criminal Defense, DUI, BUI, Domestic Violence, Crime Victim's Rights and Seal & Expunge advocacy since 1991.