Legal Question in Constitutional Law in Washington

Exclusionary rule/fruit of the poison tree

The authorization for a body wire to be worn by a confidential informant does not comply,and the recordings are ruled inadmissable. If the confidential informant turns over illegal narcotics, allegedly purchased at the time he was wearingt the wire, to police officers who were recording the incident, is the presumed evidence subject to the ''fruit of the poison tree'' rule? If so, can you tell me of a court case to support it?


Asked on 5/15/06, 4:40 am

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Exclusionary rule/fruit of the poison tree

I know this is not the answer you are looking for but I do not believe the alleged narcotic will be excluded under the "fruit of the poison tree" doctrine because the C.I.'s possession of the narcotic is not because he was wearing an illegal wire. The seminal case on the fruit of the poison tree" doctrine is Arizona v. wong sun (I may have the last name misspelled so check different spellings). Good luck.

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Answered on 5/15/06, 12:01 pm


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