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Evidence Commons

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University of Richmond

University of Richmond Law Review

1975

Warlick v. Commonwealth

Articles 1 - 1 of 1

Full-Text Articles in Evidence

Evidence-Defendant's Confession Following Confrontation With Illegally Seized Evidence Not Excluded Where Independent Motive Induced The Confession Jan 1975

Evidence-Defendant's Confession Following Confrontation With Illegally Seized Evidence Not Excluded Where Independent Motive Induced The Confession

University of Richmond Law Review

The "fruit of the poisonous tree" doctrine is a refinement of the exclusionary rule of evidence. This rule prevents the admission of secondary evidence (the fruit) discovered or derived from evidence obtained in an unlawful search (the poisonous tree). In this area of search and seizure, courts have excluded confessions made after the accused has been confronted with illegally seized evidence, once it was shown that the confes- sion was caused or induced by the confrontation.