Examining Various Aspects of Constitutional Law - 70615

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Case 1

                With this particular case, first fruits of the poisonous tree will be defined and applied to the events of the case. Fruits of the poisonous tree is a term used to describe evidence that is obtained illegally. This means that since the evidence was obtained illegally, anything gained or resulting from it will become tainted (Anderson and Gardner 2010). Therefore, evidence that is obtained illegally is excluded or deemed as inadmissible in court due to the doctrine of the fruits of the poisonous tree.

                The fruit of the poisonous tree doctrine applies to this particular case, because the evidence in this case was obtained through improperly and illegally detaining Crain. So, even though a witness was discovered and she identifies Crain as the robber, the testimony is inadmissible in court. This is because, since Crain was illegally and improperly detained, the woman’s testimony has to be excluded due to being illegally obtained as evidence. Since Crain was initially illegally detained, so was

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Constitutional Law Assignment.doc
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