Fruit of the Poisonous Tree vs. Inevitable Discovery
Scenario:
Officers at an airport receive a reliable tip identifying a man arriving on a specific flight as a drug courier. They observe him claim a suitcase matching the tip. Before a search warrant is finalized (but after the affidavit is already submitted), officers stop the man and open the bag without consent, finding narcotics.
Is the discovery of the evidence admissible under inevitable discovery?
Yes. Courts have held that evidence was admissible because a lawful search warrant was already in progress and the drugs would have been found regardless. Since the process to obtain the warrant was well underway and based on independent probable cause, the doctrine of inevitable discovery applied.
Discuss this with your shifts- How can we avoid mistakes that costs us evidence? Well, understanding the difference between inevitable discovery and fruits of the poisonous tree is a good start.
Supervisor Roll Call Briefing:
Fruit of the Poisonous Tree vs. Inevitable Discovery
Read-Aloud Overview:
"Quick legal refresher this week. We’re looking at the difference between fruit of the poisonous tree and inevitable discovery. It's a thin line that can either make your case stick—or blow it up in court. This is about how you find the evidence, not just what you find."
Key Talking Points:
Fruit of the Poisonous Tree (Wong Sun v. U.S.):
Evidence found as a result of an unlawful search or seizure is likely suppressed.
If you got it the wrong way, you probably can’t keep it.
Inevitable Discovery (Nix v. Williams):
Even if a mistake is made, if you can prove you were already on track to find it lawfully, the evidence may still be admissible.
Think: warrant in motion, K9 en route, search team already working the scene.
Real-World Example:
You stop someone without cause and find drugs—suppressed.
But if a K9 was already called or a warrant was on the judge’s desk—different story.
Discussion Prompts:
Have you ever found evidence that was at risk of getting tossed because of how we got it?
What steps can you take to ensure the discovery process is lawful and defensible in court?
Reminders:
Document everything: If you’re calling for a warrant or a K9, note the time and who you spoke with.
Don’t shortcut probable cause just because you’re confident—confidence doesn’t win suppression hearings.
Communication matters: Let your backup know what’s in motion so everyone’s on the same legal page