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The “fruit of the poisonous tree” doctrine and drug charges

On Behalf of | Jan 23, 2025 | Drug Crimes

When it comes to criminal defense options, one legal doctrine you may hear referenced is known as the “fruit of the poisonous tree.” This can sometimes be used to get key evidence dismissed from a case. As such, it is important to understand how it works if you are facing serious criminal charges in Virginia.

The basic idea is that the evidence is considered the “fruit” in this metaphor. However, if the police made mistakes in how they gathered that evidence, it can “poison” the entire tree. This means the evidence itself can no longer be used, even if it is substantial. The errors made by the investigators or the police department negate the evidence.

An illegal drug search

One example of this is if the police conduct an illegal search while looking for drugs or other controlled substances. Say they fail to get a homeowner’s consent to enter the home and they don’t have a search warrant, but they force their way into the house to perform the search anyway. They find illegal drugs in the home, and the person is arrested. The evidence clearly shows that the individual has broken the law.

However, the police should never have found that evidence in the first place. They violated the individual’s rights by performing the illegal search. This means all evidence found during the search may need to be dismissed from court. Since this includes the illegal substances the officers found, which is the main evidence against the defendant, the charges may be dropped.

This example demonstrates why it is so important to understand all of your legal options when facing criminal charges. It’s important to have experienced legal guidance to protect your rights.

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