You may have heard the phrase “fruit of the poisonous tree” on a TV show and just thought of it as a quaint piece of legal jargon from another era. In fact, it’s a crucial legal doctrine that can make all the difference between a criminal case proceeding or being tossed out – or at least having key evidence tossed out.
In this doctrine, “fruit” refers to evidence. If law enforcement officers or those working with them, like crime scene investigators, don’t follow required procedures when obtaining and handling the evidence, the whole “tree” of evidence related to a search and seizure may be considered poisoned.
How can the “fruit” become poisoned?
This doctrine can apply to evidence in virtually every kind of criminal case – from drug cases to violent crimes to white collar offenses. For example, say police had a warrant to search inside a home for drugs, but one of them went searching outside and uncovered a stash of drugs hidden under a garden gnome.
That evidence was illegally obtained, so it’s likely inadmissible. Further, say they get fingerprints off the drugs that lead them to someone else. Because the drugs were illegally seized, the fingerprints on them would be fruit of the poisonous tree. In other words, any evidence obtained only because of illegal searches or improper actions can’t generally be used against someone.
The role of the chain of custody
In addition to illegal searches, evidence can become inadmissible if the chain of custody is broken. Say those drugs were found in an area the police had a warrant to search. Instead of taking them directly to the police station and following the proper procedures, an officer puts them in his personal car, keeps them there overnight and brings them to work the next day. That evidence can be deemed inadmissible because it wasn’t properly handled.
That might be an obvious example, but it happens more than many people realize. Things can get even more complicated when the evidence is digital, as it often is in white collar cases. Most people understandably have no idea how many ways their rights can be violated before, during and after an arrest. That’s one reason it’s crucial to get legal guidance as soon as possible in the wake of notice of an investigation or arrest to protect one’s rights.
