Saturday, January 16, 2016

FRUITS OF THE POISONOUS TREE DOCTRINE:

   Otherwise known as the exclusionary rule or the fruit of the poisonous tree doctrine, this constitutional provision originated from Stonehill v. Diokno.  This rule prohibits the issuance of general warrants that encourage law enforcers to go on fishing expeditions. Evidence obtained through unlawful seizures should be excluded as evidence because it is “the only practical means of enforcing the constitutional injunction against unreasonable searches and seizures.” It ensures that the fundamental rights to one’s person, houses, papers, and effects are not lightly infringed upon and are upheld.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.