Miranda Update #12 – “Miranda and Fruits of the Poisonous Tree”

FROM THE CLASSROOM 
By: Ray Hill, Professor Emeritus, Santa Rosa J.C.  

“Its ‘402’ time, officer”.“Who wins, you or defense counsel”   Note: 402(b) E.C. – A pre-trial court hearing to determine the admissibility of an admission or confession.

This is the twelfth in a series of mini-articles covering basic Miranda and Confession Law. This review is equally applicable to detectives and those generalists who are assigned to investigate their own cases.

We learned about the “fruits of the poisonous tree” doctrine in the academy. Evidence seized in violation of the Constitution is inadmissible in court (Wong Sun v. U.S. (1963) 371 U.S. 471; Mapp v. Ohio (1961) 367 U.S. 643).

However, the U.S. Supreme Court has drawn a distinction between violations of the ....