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FRUIT OF THE POISONOUS TREE - RECENT DEVELOPMENTS AS VIEWED THROUGH ITS EXCEPTIONS

NCJ Number
42203
Journal
University of Miami Law Review Volume: 31 Issue: 3 Dated: (SPRING 1977) Pages: 615-650
Author(s)
J M BAIN; M K KELLY
Date Published
1977
Length
36 pages
Annotation
THIS COMMENT ANALYZES RECENT DEVELOPMENTS OF THE 'FRUIT OF THE POISONOUS TREE' DOCTRINE IN RELATION TO THE FOURTH AMENDMENT EXCLUSIONARY RULE BY FOCUSING ON RELEVANT SUPREME COURT AND LEADING LOWER COURT DECISIONS.
Abstract
THE AUTHORS EXAMINE THE 'FRUIT' DOCTRINE CHIEFLY THROUGH THE LENS OF THE EXCEPTIONS WHICH HAVE DEVELOPED AROUND IT. WHILE GENERALLY IT IS THE FRUIT OF FOURTH AMENDMENT VIOLATIONS THAT IS EXAMINED, SOME RECENT SUPREME COURT DECISIONS BASED ON THE FIFTH AMENDMENT ARE ALSO DISCUSSED, PARTICULARLY IN RELATION TO THE 'IMPEACHMENT' EXCEPTION. THESE LATER CASES HELP INDICATE THE FUTURE COURSE OF JUDICIAL INTERPRETATION OF THE FOURTH AMENDMENT. (AUTHOR ABSTRACT)...KAP

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