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The fruit of the poisonous tree 

On Behalf of | Jan 22, 2025 | Criminal Defense |

The “fruit of the poisonous tree” is a legal doctrine that may be critical if you’re being investigated by the authorities. As part of their investigation, law enforcement officers may conduct a search. In many cases, they need to have a search warrant or obtain your consent.

If officers conduct an illegal search—such as entering your home without your consent or without obtaining a search warrant—any evidence they find during that search may be inadmissible in court. This evidence might connect you to the crime in question and could even be the only evidence they have in the case. However, since it was discovered through illegal means, it “poisons the tree,” and any evidence found during the search must be excluded from your court case.

How this could happen

For example, imagine you’ve been accused of embezzlement along with another executive at your company. The police believe the two of you discussed your embezzlement scheme using your phone, so they want to examine your direct messages or text messages. Instead of obtaining your consent or securing a proper search warrant, they force you to unlock your phone and conduct an illegal search.

Even if the messages they find clearly show that you participated in embezzlement, they may not be able to use those messages in court. Excluding such evidence could weaken their case against you, drastically affecting your defense options and the steps you want to take moving forward.

Navigating a complex situation

This is certainly a complex legal situation. The messages might not be the only evidence the authorities have, or the police may argue that the search was not illegal in the first place. With so much on the line, it’s essential to understand your legal rights and take the appropriate steps to protect them.