Under what circumstances are the fruits of the poisonous tree allowed to be introduced as evidence?

Question

What will be an ideal response?

Answer 1

Although the exclusionary rule was designed to deter police misconduct, there are still instances that exist in which this evidence is allowed to be introduced. Attenuation is the allowance of evidence to be admitted if the state can demonstrate that the causal connection between illegal action and the seizure of the evidence is sufficiently attenuated. Independent act evidence may be admissible if the state can demonstrate that an independent act by an individual other than law enforcement severed the causal chain of illegality and evidence. Independent source evidence may be admissible if the state can demonstrate that the evidence could have derived from a source removed from the causal link. Inevitable discovery evidence may be admissible if the state can demonstrate that the evidence would have been discovered without the illegal act. Good faith evidence may be admissible if the state can demonstrate that the evidence was discovered while the officers were acting with reasonable assurance of the validity of their action.