Fruit of the Forbidden Tree Doctrine Applied to Drug Charges in Tyler, TX

The fruit of the forbidden tree talks about how humans had no knowledge of anything bad until they ate fruit from a tree they were forbidden to touch. In the legal sense, this means police officers would not have certain evidence unless they did something that was against regulations to obtain the evidence. With drug charges in Tyler, TX, this can have a huge impact on a case.

The Original Evidence Illegally Obtained

Evidence must be collected lawfully for it to be used in court. This means that evidence collected without permission or a warrant, for example, might not be admissible in court. A lawyer can discover whether the evidence was illegally obtained and, therefore, cannot be used in the trial against their client.

Further Evidence Only Gained Because of Initial Evidence

If evidence was illegally obtained and it leads to further evidence, this could mean the additional evidence cannot be used either. Since it was only found because of the original evidence that was illegally obtained, the fruit of the forbidden tree doctrine might apply. The doctrine states that any evidence gathered directly because of illegally obtained evidence may not be admissible in court if the original evidence is not admissible. This could lead to a chain of evidence being dismissed and lack of evidence to secure a conviction.

Exceptions to This Rule

There are exceptions to the fruit of the forbidden tree doctrine. If the evidence could have been found lawfully at a later time, it may still be admissible even though the original, unlawfully-obtained evidence was not admissible. This only applies if the evidence could be found lawfully and would most likely have been found lawfully. Depending on whether this exception applies, it could make a big difference in what can be used as evidence at a trial.

Drug charges in Tyler, TX can be incredibly complicated to handle, so it’s recommended the arrested person speaks with an attorney as soon as possible to get assistance. The fruit of the forbidden tree doctrine could be used by the lawyer to have the charges dropped if it’s applicable in the case. To learn more about whether this could apply in your case or what other options you have, contact the Law Office of Holmes & Moore P.L.L.C. now. Like us on Facebook.

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