Does the "fruit of the poisonous tree" doctrine preclude the government from using evidence seized during an unlawful search as evidence against the victim at criminal trial?
MultiRegion, United States of America
The following excerpt is from Lingo v. City of Salem, 832 F.3d 953 (9th Cir. 2016):
Of course, the government may not use evidence seized during an unlawful search as proof against the victim at criminal trial. See Wong Sun v. United States , 371 U.S. 471, 484, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963). The fruit of the poisonous tree doctrine extends the exclusionary rule to require suppression of other evidence that is derived fromand is thus tainted bythe illegal search or seizure.
[832 F.3d 958]
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