tainted evidence

tainted evidence

n. in a criminal trial, information which has been obtained by illegal means or has been traced through evidence acquired by illegal search and/or seizure. This evidence is called "the fruit of the poisonous tree," and is not admissible in court. (See: search and seizure, search warrant, probable cause, fruit of the poisonous tree)

References in periodicals archive ?
Yet, when asked for evidence to prove this clearly frivolous claim, these perjured accusers cannot show anything to prove it; at most they can only fabricate tainted evidence that would not stand scrutiny,' he added.
If so, then its remaining task was to determine whether the information remaining provided a neutral magistrate with probable cause to issue a search warrant after removing the tainted evidence from the warrant affidavit.
If so, then its remaining task was to determine whether the information remaining provided a neutral magistrate with probable cause to issue a search warrant after removing the tainted evidence from the warrant affidavit.<br />The Court did not reach the second step of the inquiry since it concluded that the defendant did not have a reasonable expectation of privacy when he shared information with people that he chose to make his Facebook friends.
Lets reconsider Despite its findings of a Fourth Amendment violation, the appeals court ruled that because the trial courts record is insufficient to determine whether it would have found that the search warrant was supported by probable cause without the tainted evidence, it is remanding the matter to determine the validity of the search warrant.
Innocent people have spent years behind bars, countless criminal cases have been thrown out due to tainted evidence, and the cost of litigation has soared.
Using a hypothetical case, we first consider the behavior of the police actor who makes the initial mistake, along with the actions of his or her colleague who receives the tainted evidence. We then explain how Herring--by rhetoric and by example--teaches lower courts to turn a blind eye to evidence laundering except when two officers make egregious mistakes in the field as they pursue a suspect.
Gary Ford died after carbon monoxide seeped into his home in Bebington, Wirral, as he edged towards securing a PS250,000 payout from West Yorkshire police after they admitted using tainted evidence from a supergrass to convict him of a string of burglaries and robberies.
If a crime lab is incompetent - or worse, corrupt - injustices can result for crime victims and suspects alike, and the work of police, courts and prosecutors can be made worthless by tainted evidence. Recognizing these dangers, Gov.
In the event, the wheels of justice move slowly, often hanging around esoteric technical matters as prosecutors and defence teams haggle over tainted evidence, contradictory interpretations, and doubtful motives.
At least 33 convictions resulting from tainted evidence given by members of the squad have been quashed by the Court of Appeal - including the convictions of the Birmingham Six.
The appeals court ruled for Wurie, but left in place a drug conviction for selling cocaine near a school that did not depend on the tainted evidence. That conviction also carried a 20-year sentence.
Lawyers for the trio said the subsequent decision by the trial judge to allow the tainted evidence to go before the jury meant the panel was unfairly prejudiced against the trio and the convictions could not stand.