Also known as: fruits · civil fruits · natural fruits
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Derivative evidence obtained directly or indirectly from an unconstitutional search, arrest, or interrogation. The connection to the primary illegality may be attenuated by intervening circumstances, passage of time, or independent sources so that the taint is dissipated.
Derivative evidence obtained directly or indirectly from an unconstitutional search, arrest, or interrogation. The connection to the primary illegality may be attenuated by intervening circumstances, passage of time, or independent sources so that the taint is dissipated.
Select any source to read its text and confirm it supports the definition.
The produce or income generated by land or other property without diminishing its capital value. Natural fruit consists of crops and animal products while civil fruit consists of rents, interest, and similar revenues.
Select any source to read its text and confirm it supports the definition.
The produce or income generated by land or other property without diminishing its capital value. Natural fruit consists of crops and animal products while civil fruit consists of rents, interest, and similar revenues.
Each sense below has its own examples, sources, and questions.
Felix Franco was arrested without probable cause. Officers later obtained a valid warrant and discovered a witness who identified him. The witness's testimony was admitted because the initial illegality had become sufficiently attenuated by the independent investigation that followed.
Freya Freeman's apartment was searched under a warrant that listed cash and jewelry taken during a robbery. Officers seized the items as fruits of the crime. The seizure was upheld because the warrant properly described items illegally possessed by the suspect.
Forrest Falconer hid a client's stolen cash and weapon in a new safe deposit box. Police later recovered the items after learning their location. The attorney faced sanctions because the physical evidence was not protected by privilege and his actions obstructed law enforcement access.
Fatou Fall gave an unwarned statement after arrest. The statement led to other evidence later found inadmissible as fruit. At trial the prosecution used the statement solely to challenge credibility after she testified inconsistently.
Fatima Flores received use immunity and testified before a grand jury. Prosecutors later built a case from wholly independent sources. The subsequent prosecution was permitted because it did not rely on the compelled testimony or its direct fruits.
Frank Foster was arrested without probable cause and placed in a lineup. A witness identified him at the lineup. The same witness's in-court identification was admitted because an in-court identification is not automatically excluded merely because the defendant was present as a result of unlawful detention.
Derivative evidence remains admissible when the connection to the illegality has become so attenuated that the taint is dissipated. Courts consider the time elapsed, intervening circumstances, and the flagrancy of the misconduct.
Supporting sources
No. A witness's in-court identification is not automatically excluded merely because the defendant was present in a lineup as a result of an unlawful arrest.
Supporting sources
A warrant may authorize seizure of contraband, fruits of crime, and other items illegally possessed, as well as evidence of a crime or property used in committing a crime.
Supporting sources
No. The privilege protects only communications. Physical evidence of a client's crime that counsel removes or conceals is not shielded and may subject the attorney to liability.
Supporting sources
…that failure to follow the new procedures requires inexorably the exclusion of any statement by the accused, as well as the fruits thereof. Such a strict constitutional specific inserted at the nerve center of crime detection may well kill the patient.[^maj-3] Since there is at this time a paucity of information and an…