Discuss when the "fruits of the poisonous tree" doctrine does not apply

Question

What will be an ideal response?

Answer 1

The attenuation or purged taint exception evaluates whether the causal connection between the illegal action and the seizure of evidence is sufficiently attenuated. In that, documentation that the evidence was obtained in a manner unrelated to the illegal activity may be sufficient for admissibility. The good faith exception argues that: (1) the exclusionary rule was designed to deter police misconduct rather than to punish the errors of judges and magistrates; (2) no evidence existed to suggest that judges and magistrates are inclined to ignore or subvert the Fourth Amendment or that lawlessness among these actors requires the application of the extreme sanction of exclusion; and (3) no evidence existed to show that the exclusion of materials gathered would have a significant deterrent effect on the issuing judicial official.
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. Evidence may be admissible if the state can demonstrate that the evidence could have derived from a source removed from the causal link. Evidence may be admissible if the state can demonstrate that the evidence would have been discovered without the illegal act.