fruit-of-the-poisonous-tree

24 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-5412 Keith Allen Shrum v. United States Eighth Circuit 2023-08-22 Denied Response WaivedIFP civil-rights due-process electronic-evidence evidence exigent-circumstances fourth-amendment fruit-of-the-poisonous-tree probable-cause search-and-seizure warrant warrant-specificity warrantless-search Whether the exigent circumstances exception saves a warrantless seizure of a defendant's phone
22-6802 Luis Miguel Sierra-Ayala v. United States First Circuit 2023-02-16 Denied Response WaivedIFP 4th-amendment consensual-search consent exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-seizure police-misconduct reasonable-suspicion search-and-seizure Should evidence obtained during an illegal police seizure be suppressed where the rights-violating officer testifies that the person in his custody co…
22-6012 Paige Davis v. United States Seventh Circuit 2022-11-09 Denied IFP attenuation-doctrine brown-v-illinois evidence-suppression exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-search search-and-seizure utah-v-strieff Is it error to apply the attenuation test articulated in Brown v. Illinois to determine whether evidence discovered during an illegal search should be…
22-6014 Herbert G. Green v. United States Eighth Circuit 2022-11-08 Denied Response WaivedIFP 4th-amendment evidence-admission exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-search independent-source-doctrine police-procedure search-warrant Does the independent source doctrine permit the admission of evidence found during an illegal search of a home if police later obtained a search warra…
22-5813 Katherine Elizabeth Langhorst v. Texas Texas 2022-10-12 Denied IFP 4th-amendment constitutional-violation due-process evidence-suppression exclusionary-rule fruit-of-the-poisonous-tree illegal-search ineffective-assistance-of-counsel ineffective-counsel plea-bargaining search-and-seizure trial-procedure Was the evidence seized in this cause/case 'Fruits of The Poisonous Tree'?
21-7603 Glen S. Evans v. Bill Stange, Warden Eighth Circuit 2022-04-12 Denied IFP 4th-amendment criminal-procedure fruit-of-poisonous-tree fruit-of-the-poisonous-tree ineffective-assistance-of-counsel insufficient-evidence motion-to-suppress prejudice reasonable-suspicion second-degree-murder sufficiency-of-evidence where-the-trial-court-has-erred-and-abused-its-discretion
21-1062 Keith Robert Caldwell, Sr. v. Department of Transportation, et al. Eleventh Circuit 2022-02-01 Denied Response WaivedRelisted (2) 14th-amendment appellate-review civil-procedure dismissal-of-defendants due-process federal-rules-of-appellate-procedure federal-rules-of-civil-procedure fruit-of-the-poisonous-tree judicial-misconduct obstruction-of-justice safety-act Did the 11th Circuit Court of Appeals circumvent the appeals process by ignoring significant evidence which demonstrated that the district court trial…
21-6000 Marius A. Brown v. United States Fourth Circuit 2021-10-19 Denied Response WaivedIFP appointed-counsel criminal-procedure fruit-of-poisonous-tree fruit-of-the-poisonous-tree miranda-rights probable-cause search-warrant wanton-endangerment Whether probable cause exists to issue a State search warrant to seize firearms, ammunition, and associated equipment, when the affidavit fails to all…
20-6771 Oristel Soto-Peguero v. United States First Circuit 2021-01-05 Denied Response WaivedIFP 4th-amendment criminal-procedure evidence-suppression exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree good-faith-exception illegal-search independent-source-doctrine search-and-seizure warrant-application Whether the court erred when it denied Petitioner's motion to suppress evidence discovered during an illegal search
20-6454 Mark David Zimmerman v. Texas Texas 2020-11-25 Denied IFP 4th-amendment constitutional-law constitutional-rights fourth-amendment fruit-of-the-poisonous-tree k-9-search probable-cause reasonable-suspicion search-and-seizure traffic-stop Whether the lower court erred in denying Petitioner's motion to suppress evidence obtained during a traffic stop under the Fourth Amendment search-and…
19-1429 David Pena, III v. Texas Texas 2020-06-26 Denied 4th-amendment automobile-exception criminal-procedure criminal-procedure-4th-amendment-search-and-seizur exclusionary-rule fourth-amendment fruit-of-poisonous-tree fruit-of-the-poisonous-tree miranda-rights probable-cause search-and-seizure Whether Texas' Third Court of Appeals erred in finding that the items found in the trunk of petitioner's car did not constitute fruit of the poisonous…
19-8494 Michael Lustig v. United States Ninth Circuit 2020-05-19 Denied Response WaivedIFP civil-procedure constitutional-rights criminal-procedure evidence-suppression exclusionary-rule fourth-amendment fruit-of-poisonous-tree fruit-of-the-poisonous-tree illegal-search search-and-seizure standing Whether failure to suppress evidence resulting from an illegal search amounted to a violation of Petitioner's Fourth Amendment rights
19-7912 Ali Mehdipour v. Keith Sweeney, et al. Tenth Circuit 2020-03-11 Denied Response WaivedIFP appeal appellate-jurisdiction civil-procedure court-filing dismissal erroneous-ruling fruit-of-the-poisonous-tree judicial-review legal-timeliness prejudice procedural-error review statute-of-limitations timeliness Does a fruit-of-a-poisonous-tree follow from an initial erroneous ruling on timeliness of filing the initial complaint follow through subsequent rulin…
19-5837 Terri McGuire Mollica v. United States Eleventh Circuit 2019-09-05 Denied Response WaivedIFP detention-cell Evidentiary-Hearing Exclusionary-Rule Fourth-Amendment Fruit-of-the-Poisonous-Tree Fruits-of-Poisonous-Tree ineffective-assistance Ineffective-Assistance-of-Counsel Reasonable-Expectation-of-Privacy section-2255 unreasonable-search Unreasonable-Search-and-Seizure Warrantless-Search Was Petitioner's guilty plea sustained in violation of the Fourth Amendment, Unreasonable-Search-and-Seizure, where law enforcement conducted a warran…
19-5343 Amoire Dupree v. United States Second Circuit 2019-07-25 Denied IFP 4th-amendment constitutional-law exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree incident-to-arrest law-enforcement probable-cause search-and-seizure search-incident-to-arrest warrantless-search Can the warrantless search of a person be justified as incident to arrest where, at the time of the search, no arrest has been made and none would hav…
19-5050 John Asmodeo v. United States Second Circuit 2019-07-02 Denied Response WaivedIFP 4th-amendment attenuation-doctrine Attenuation-Factors circuit-split civil-rights due-process exclusionary-rule Finucan-Factors Flagrant-Misconduct fourth-amendment fruit-of-the-poisonous-tree illegal-search Intervening-Circumstances Purpose-of-Condon's-Interview suppression-hearing Temporal-Proximity Whether the attenuation doctrine applies when law enforcement officials deliberately discuss illegally seized evidence with a third party in order to …
18-9773 Arie Robert Redeker v. Dwight Neven, Warden, et al. Ninth Circuit 2019-06-24 Denied Response WaivedIFP 5th-amendment coercion coercive-detention coercive-tactics constitutional-rights custodial-interrogation fifth-amendment fruit-of-poisonous-tree fruit-of-the-poisonous-tree involuntary-confession law-enforcement-tactics self-incrimination Whether fruit of the poisonous tree doctrine applies to a custodial interrogation that has been tainted
18-8779 Yamura D. Hudson v. United States Eleventh Circuit 2019-04-10 Denied Response WaivedIFP 4th-amendment constitutional-rights criminal-sentencing curtilage ex-post-facto exclusionary-rule fruit-of-the-poisonous-tree illegal-warrant jurisdiction-violation search-and-seizure standing warrant Whether the 11th Circuit courts must suppress the fruits of the admitted to illegal search and seizure
18-8361 Arturo Sarli v. United States Fifth Circuit 2019-03-11 Denied Response WaivedIFP 4th-amendment civil-rights consent-to-search custodial-interrogation detention due-process fourth-amendment fruit-of-the-poisonous-tree law-enforcement probable-cause search-and-seizure search-consent vehicle-search Whether consent to search comes to a natural end after a thorough and fruitless search has been conducted or may officers use the initial consent to s…
18-6390 Valiant White v. Michigan Michigan 2018-10-19 Denied IFP acquitted-conduct civil-rights constitutional-rights due-process fruit-of-the-poisonous-tree impeachment-of-jury-verdict independent-finding-of-guilt ineffective-counsel jury-acquitted-conduct jury-trial jury-trial-right reasonable-suspicion Whether the trial court, Michigan Court of Appeals, and Michigan Supreme Court arbitrarily denied petitioner's right to a jury trial, used inappropria…
18-6243 Christopher Jackson v. Florida Florida 2018-10-09 Denied IFP civil-procedure constitutional-violation exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-evidence indirect-evidence probable-cause search-and-seizure standing wong-sun Whether secondary evidence discovered as a result of an illegal search and seizure can constitute proof against the victim of search, and does exclusi…
18-5927 J. A. v. New Jersey New Jersey 2018-09-10 Denied Response WaivedIFP attenuation coolidge-v-new-hampshire fourth-amendment fourth-amendment-search fruit-of-the-poisonous-tree illegal-entry lustig-v-united-states probable-cause reasonable-foreseeability search-and-seizure state-action Did a search involve state action under the Fourth Amendment where police officers entered a home illegally, an officer there told an inquiring civili…
18-5389 Torrick Johntrelle Rodgers v. United States Fourth Circuit 2018-07-30 Denied Response WaivedIFP exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree fruits-of-poisonous-tree ineffective-assistance-counsel ineffective-assistance-of-counsel plea-bargaining probable-cause prosecutorial-misconduct search-and-seizure search-warrant sentencing warrant Whether the district court should have suppressed all of the fruits of the poisonous tree based upon the found to be corrupted officials and the illeg…
18-58 Edward Jaimaal Price v. United States Fourth Circuit 2018-07-11 Denied Response Waived 4th-amendment constitutional-rights evidence-suppression exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-seizure motion-to-suppress probable-cause search-and-seizure standard-of-review Whether the evidence seized during the illegal search and seizure should be suppressed