Legal fruit of poisonis tree
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Thus, we see three different results from three different means. Will you still say that the means do not matter? Picture this: A police officer illegally breaks into a house belonging to a suspect in an incident unrelated to any investigation but stumbles upon a crucial piece of evidence say , a blood-stained knife which looks like a murder weapon, or a forged letter of credit. Is it true that, even if something is admittedly stolen, it is still admissible in evidence?
WATCH RELATED VIDEO: The Illusion Delusion Ep 6 - Fruit From A Poisonous Tree Ch 2Content:
- Fruits of Poisonous Tree
- Racism and “Fruits of the Poison Tree”
- Rethinking the ‘Fruits of the poisonous tree’ doctrine: Should the ‘ends’ justify the ‘means’?
- Understanding the doctrine of the fruit of the poisonous tree
- Oh no, there's been an error
- What is Fruit of the Poisonous Tree?
- What Is Fruit of the Poisonous Tree?
- Doctrine of fruit of poisonous tree
- № 2 2019 Actual problems of criminal justice
Fruits of Poisonous Tree
The doctrine is intended to prevent unlawfully acquired evidence from negatively impacting an accused person in a criminal proceeding. Allowing this doctrine to be diluted or not to be upheld in every criminal proceeding, amounts to a mockery of the criminal law and indeed the rule of law which underpins any constitutional democracy.
Section 35 5 provides that:. Enforcement of rights Anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights.
The persons who may approach a court are —. When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights. The Bill of Rights does not deny the existence of any other rights or freedoms that are recognised or conferred by common law, customary law or legislation, to the extent that they are consistent with the Bill.
This approach was followed because South African courts were required to refer to the English common law in force on 30 May with regard to the admissibility of unlawfully obtained evidence. It is submitted that the undoubted influence of foreign law decisions in this regard will be increasingly important to South African courts when consideration of the exclusionary rule occurs.
This is because the foreign law decisions have immense legal authority underpinning same due to the length of time of the foreign constitutional democracies and their case law authorities and the various legal challenges considered over the decades in countries such as the USA, UK, Canada, Germany, France and other constitutional democracies.
This is not only in regard to crimes such as drug possession, drug use, drug trafficking, organised crime and racketeering but also in regard to white-collar crimes, and various common law crimes such as murder, assault, arson, manslaughter or culpable homicide, fraud, theft and armed robbery.
The exclusionary rule provides that evidence that is illegally obtained should be excluded from admission in a criminal trial. The fruit of the poisonous tree takes the assessment one step further by providing for the exclusion of evidence that stemmed from the illegal act, which is known as the poisonous tree. For example, if there is an illegal interrogation by the police that leads to physical evidence, the exclusionary rule prohibits the introduction of the interrogation itself in the criminal proceedings and the trial of the accused.
Furthermore, the physical evidence the fruit obtained by the illegal interrogation the poisonous tree is excluded because it is the yield or fruit of the illegal process. Undoubtedly, the legalization of cannabis use and possession of same in South Africa will obviously bring the exclusionary rule and the fruit of the poisonous tree doctrine to the fore in criminal legal proceedings.
Similarly, if the police or law enforcement officer s coerced an admission or confession in which the accused revealed where a weapon or instrument of a crime was located and law enforcement officer s obtained a search warrant based on this admission or confession, the weapon or instrument will be inadmissible in evidence because it is the fruit of the poisonous tree.
Likewise, the admission or confession will be inadmissible. It is an indispensable principle of criminal law in all constitutional democracies. Metaphorically, the original unlawful evidence obtained is considered to be the poisonous tree, and any evidence that stems from or flows from this tree is similarly tainted by the poison. This doctrine is applied in many factual scenarios pertaining to police or law enforcement conduct, not only in regard to search and seizures but also in regard to inter alia, the planting of evidence at crime scenes, drug busts, road traffic stops, white-collar crimes.
The fruit of the poisonous tree doctrine applies to all evidence illegally obtained whether it is physical evidence, oral evidence or testimony in court or on declaration or affidavit, real evidence or documentary evidence.
It also applies to evidence acquired directly from the illegal conduct or indirectly from it with certain exceptions noted below. The United States Supreme Court has decided a number of cases related to this doctrine. In the case of United States v. The doctrine is designed to deter police misconduct that is reckless, deliberate or grossly negligent.
However, it can also be used to correct widespread State systemic negligence. The doctrine may not prevent all types of evidence from being admitted if it would only cause marginal deterrence. In South African law , relevant cases which have considered and adjudicated upon the exclusionary rule directly and indirectly in terms of section 35 5 of the Bill of Rights provide interesting insight.
See also:. The accused in Matlou was assaulted by the police with the aim of obtaining self-incriminating evidence against him. Additionally, his right to legal representation and his right to remain silent were infringed. After a discoverability analysis the court held that the admission of the disputed evidence would not only render his trial unfair, but its admission would also be detrimental to the administration of justice.
As a result, real evidence, essential for convictions on serious charges and which linked the accused to such charges was excluded. S v Basson 1 SACR CC where the Constitutional Court dismissed an application based on the contention that the issue of the admissibility of bail proceedings should not have been heard before the accused had been called upon to plead.
Even if evidence was originally discovered by an unlawful search, the evidence can still be admitted in some cases. This can occur when the same evidence is obtained in an independent manner that was not tainted by the primary illegality. The court assesses whether the evidence that is at stake was discovered by exploitation of the primary and initial illegality or if it was uncovered by independent means that are sufficiently purged of the primary illegality.
Because evidence that is acquired through an independent source is not fruit of the poisonous tree, it is not required to be excluded.
For example, in one case, an officer entered a home illegally without a valid search warrant. Evidence was seized from the home. The court ruled that the evidence did not need to be excluded, despite the illegal search. The independent source doctrine is not affected by the public policy concerns of the fruit of the poisonous tree doctrine. For example, courts are not concerned with deterring future misconduct when the evidence is independently acquired without relation to the evidence being tainted.
Instead, this doctrine allows police to return to the same position as they would have been had there never been any illegal taint. This exception does not require the exclusion of the illegally-obtained evidence if it was inevitable that it would have eventually been discovered by law enforcement.
This means that the police would have found the evidence even without the illegal search been conducted illegally or unlawfully. A further exception to the exclusionary rule itself is good faith. If the court finds that a police or law enforcement officer believed in good faith, that a search was legal, the court may not exclude the evidence in the criminal trial. There are guiding principles in this regard.
As aforementioned, the legalization of cannabis use and possession of same in South Africa will obviously bring the section 35 5 of the Bill of Rights, the exclusionary rule and the fruit of the poisonous tree doctrine to the fore in criminal legal proceedings. It is inevitable. Put another way, either evidence is legally obtained or it is not. Fostering of grey areas in the law cannot be of any use to the proper and just administration of justice in the public interest.
It is critical to note and accept that the constitutional rights entrenched in the Bill of Rights are rights which many people have bled and died for over the years of human rights abuses and atrocities committed in South Africa. Consequently, the rights entrenched in the Bill of Rights should always be upheld to be absolute, failing which the Bill of Rights is not worth the paper it is written on.
This is equally applicable to violations of these rights and the awarding of damages in regard to same where in civil suits the awarding of substantially significant constitutional damages shall clearly spell out to all and sundry the importance of these rights.
Has the time not come to implement punitive damages in South African law to give effect to the rights which so many people have bled and died for? Why is Section 35 5 a fundamental constitutional right in criminal law? The persons who may approach a court are — anyone acting in their own interest; anyone acting on behalf of another person who cannot act in their own name; anyone acting as a member of, or in the interest of, a group or class of persons; anyone acting in the public interest; and an association acting in the interest of its members.
Application of the exclusionary rule The fruit of the poisonous tree doctrine applies to all evidence illegally obtained whether it is physical evidence, oral evidence or testimony in court or on declaration or affidavit, real evidence or documentary evidence.
See also: S v Basson 1 SACR CC where the Constitutional Court dismissed an application based on the contention that the issue of the admissibility of bail proceedings should not have been heard before the accused had been called upon to plead.
Other Exceptions One more exception to the fruit of the poisonous tree doctrine is inevitable discovery.
Racism and “Fruits of the Poison Tree”
The Indian Evidence Act of does not forbid the examination of illegally collected evidence by the Courts, if it is relevant or establishes guilt or innocence. However, Indian courts have had conflicting opinions on the admissibility and evidence value of illegally collected evidence. United States , where convictions were reversed since the evidence against the accused had been gathered by illegal means. Since then, this doctrine has been invoked in multiple cases, including the review petition filed for seeking inquiry into the Rafael deal. The present conflict is rooted in the criminal justice model which a society may adopt for investigating and punishing offenders. Hence, any illegally obtained evidence cannot be accepted under the due process model.
any intervening circumstances; and; the purpose and flagrancy of the official misconduct. The crux of the reasoning is that, because federal law.
Rethinking the ‘Fruits of the poisonous tree’ doctrine: Should the ‘ends’ justify the ‘means’?
One of the most interesting features of the three awards handed down in the arbitrations brought by the Yukos majority shareholders against the Russian Federation hereinafter referred to as the "Yukos Majority Awards" was the tribunal's extensive reliance on illegally obtained evidence. Specifically, the tribunal relied on confidential diplomatic cables from the United States Department of State that had been published on WikiLeaks. WikiLeaks first began publishing confidential diplomatic cables on November 28, , nearly three months after the first investment Boykin; M. Article from: OGEL 5 , in Russian Disputes Introduction One of the most interesting features of the three awards handed down in the arbitrations brought by the Yukos majority shareholders against the Russian Federation hereinafter referred to as the "Yukos Majority Awards" was the tribunal's extensive reliance on illegally obtained evidence. To read this article you need to be a subscriber Sign in Username Password Forgot password? Sign in.
Understanding the doctrine of the fruit of the poisonous tree
If a police officer searches my home illegally and finds evidence of a crime, courts refuse to admit not only that evidence, but evidence found legally if it was ultimately derived from the search. The newly discovered evidence—the fruit—is tainted by the poison of the illegal search. Civil law also concerns itself with chains of causation, both in determining liability and in ordering relief. But it does not typically apply the logic of the fruit of the poisonous tree to chase down every consequence of a wrong. Tort law, for example, requires proof of both but-for and proximate causation.
All of us have watched various Bollywood action, thriller, murder mystery movies. We have also watched scenes where it is shown that the police tap telephonic conversations without permission from the authorities in order to get some leads with respect to the case.
Oh no, there's been an error
You just had an initial consultation with a guy charged with possession of cocaine with intent to sell. Now what? How can you help him? He was caught with a brick of cocaine in his car and faces a long sentence. He has come to you for guidance.
What is Fruit of the Poisonous Tree?
Download Citation | The Fruit of the Poisonous Tree in IP Law | If a police officer searches my home illegally and finds evidence of a crime there.
What Is Fruit of the Poisonous Tree?
Thomas C. Lynch, Attorney General, Robert R. Granucci and Charles R. Defendant Harold Edward Johnson and a codefendant Howard, who has not appealed, were convicted of four counts of burglary after waiving jury trial and submitting the cause upon the transcript of the preliminary hearing.
Doctrine of fruit of poisonous tree
Do you watch a lot of crime dramas on TV? However, do you know what it means? This phrase refers to a legal doctrine originating in with the decision in Silverthorne Lumber Co. United States.
Home » Fruit of the Poisonous Tree. What this means in concrete terms is that if law enforcement officials have no probable cause to suspect that a law is being violated, they cannot verify their suspicions by a search.
№ 2 2019 Actual problems of criminal justice
The doctrine basically holds that, where the source of evidence is tainted due to unconstitutional conduct on the part of the police, then the evidence discovered as a result of that tainted source is also tainted and inadmissible in court proceedings, including trials. Thus, under the Exclusionary Rule, a statement or confession given by a defendant by means of improper police questioning for instance, in violation of the Miranda Rule , evidence gathered in violation of the warrant requirement of the Fourth Amendment or information learned during an illegal arrest, will not be allowed in court, even if it is relevant to the case. As an example, where police learn of material evidence from statements made during an illegal arrest, in violation of the Miranda rule or during an unlawful search, that evidence is tainted and may be excluded. The Fruit of the Poisonous Tree Doctrine is subject to four main exceptions. The first exception allows the tainted evidence to be admitted in court if it was discovered, in some measure, by means of an untainted source. So, if improper conduct led the police to the tainted evidence, but there was also a second source which led them to the evidence without a constitutional violation, the Exclusionary Rule does not apply to bar that evidence.
In the criminal justice system, specific rules are in place to protect the Constitutional rights of the accused. Under the exclusionary rule, evidence secured by the unconstitutional conduct of law enforcement can be suppressed during criminal proceedings. Critically, if evidence is excluded, it also cannot be used against the defendant at trial. The exclusionary rule is aimed at deterring police misconduct.