Fruit of the Poisonous Tree
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether the incriminating evidence discovered due to evidence gathered in violation of the Fourth, Fifth, or Sixth Amendment should be excluded.
Analysis
R: Under the fruit of the poisonous tree doctrine, derivative evidence obtained as a result of evidence gathered in violation of the Fourth, Fifth, or Sixth Amendment is generally excluded from trial. However, this exclusion does not apply if one of the recognized exceptions—inevitable discovery, independent source, attenuation, or good faith—is present.
A: Here, [apply rule to facts to identify the tainted evidence and explain the connection to the derivative evidence].
Inevitable Discovery Exception
R: Under the inevitable discovery exception, derivative evidence may be admitted if the prosecution can prove by a preponderance of the evidence that the evidence would have been discovered through lawful means, independent of the police’s unlawful actions.
A: Here, [apply rule to facts].
C: Therefore, the inevitable discovery exception [does/does not] apply.
Independent Source Exception
R: The independent source exception allows the admission of derivative evidence if it was discovered independently by a means wholly separate from the constitutional violation. This exception applies when law enforcement can show that the evidence came from a source unrelated to the tainted evidence.
A: Here, [apply rule to facts].
C: Therefore, the independent source exception [does/does not] apply.
Attenuation Exception
R: The attenuation exception allows the admission of derivative evidence if the connection between the unconstitutional act and the discovery of the evidence is sufficiently weakened or interrupted by an intervening event, such that the taint is dissipated. Courts will consider factors such as the temporal proximity between the illegality and the discovery, the presence of intervening circumstances, and the purpose and flagrancy of the official misconduct.
A: Here, [apply rule to facts].
C: Therefore, the attenuation exception [does/does not] apply.
Good Faith Exception
R: Under the good faith exception, derivative evidence is admitted when law enforcement officers act in good faith reliance on (1) a warrant that is later found to be invalid, or (2) a law that is later declared unconstitutional. The test for good faith is whether a reasonably well-trained officer would have believed the actions were lawful. The good faith exception does not apply if the officers acted with reckless disregard for the truth or misled the magistrate in obtaining the warrant.
A: Here, [apply rule to facts].
C: Therefore, the good faith exception [does/does not] apply.
Conclusion
C: Therefore, the incriminating evidence discovered due to evidence gathered in violation of the [Fourth, Fifth, or Sixth] Amendment [should/should not] be excluded.
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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