If you are facing criminal charges, the Fruit of the Poisonous Tree doctrine is one that you should be aware of. It can sometimes change your case dramatically, specifically by excluding certain evidence the police may hold against you.
This doctrine usually addresses evidence that has been illegally gathered. The act of gathering that evidence is considered to be the “tree,” while the evidence itself is the “fruit.” If the police took an illegal action and violated your rights, they have poisoned the tree and thereby poisoned any of the fruit that it produces. They may have to exclude that evidence from your court case.
Illegally searching your home
There are many ways that this can happen when the police do not follow appropriate procedures, with one example being an illegal home search. Police can typically search a home in an emergency, with the homeowner’s consent or with a search warrant.
If the police come to your home to perform a search and it is not an emergency, and you refuse to give them consent, they may violate your rights by carrying out the search without first getting a warrant. Under the Fruit of the Poisonous Tree doctrine, even if they do discover evidence that would typically lead to a conviction, they may not be able to use it in court because they illegally obtained that evidence. This can dramatically change the case against you and may lead to the charges being dropped, depending on the circumstances.
This is just one potential defense option of many, and it only applies in certain cases, but it is very important to know exactly what legal steps you can take.