poisonous tree doctrine (Missouri) · Go Syfert
← Missouri issues

poisonous tree doctrine in Missouri

13 Missouri opinions name it 2 courts 1974–2009 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Wong Sun v. United Statesgreen
scotus · 1963 · cited in 7 Missouri opinions naming this issue, 1974–2004
2 sentences

1979They rely on the fruit of the poisonous tree doctrine of Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963).

1979They rely on the fruit of the poisonous tree doctrine of Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963).

37
United States of America v. Tony Michael Green, - United States of America v. Climmie Robinsongreen
ca8 · 2001 · cited in 1 Missouri opinions naming this issue, 2007–2007
1 sentence

2007Accord, United States v. Mosley, 454 F.3d 249, 253 (3d Cir.2006) (passengers in a car illegally stopped can “seek to suppress the eviden-tiary fruits of that illegal seizure under the fruits of the poisonous tree doctrine”); United States v. Pulliam, 405 F.3d 782, 787 (9th Cir.2005) (defendant has standing to seek to suppress evidence “that is in some sense the product of his unlawful detention”); United States v. Green, 275 F.3d 694, 699 (8th Cir.2001) (defendant lacked interest in car “that would enable him to directly challenge the search,” but he could “seek to suppress evidence as the fru

11
United States v. Darrell Dominique Pulliamgreen
ca9 · 2005 · cited in 1 Missouri opinions naming this issue, 2007–2007
1 sentence

2007Accord, United States v. Mosley, 454 F.3d 249, 253 (3d Cir.2006) (passengers in a car illegally stopped can “seek to suppress the eviden-tiary fruits of that illegal seizure under the fruits of the poisonous tree doctrine”); United States v. Pulliam, 405 F.3d 782, 787 (9th Cir.2005) (defendant has standing to seek to suppress evidence “that is in some sense the product of his unlawful detention”); United States v. Green, 275 F.3d 694, 699 (8th Cir.2001) (defendant lacked interest in car “that would enable him to directly challenge the search,” but he could “seek to suppress evidence as the fru

11
United States v. Robert Mosleygreen
ca3 · 2006 · cited in 1 Missouri opinions naming this issue, 2007–2007
1 sentence

2007Accord, United States v. Mosley, 454 F.3d 249, 253 (3d Cir.2006) (passengers in a car illegally stopped can “seek to suppress the eviden-tiary fruits of that illegal seizure under the fruits of the poisonous tree doctrine”); United States v. Pulliam, 405 F.3d 782, 787 (9th Cir.2005) (defendant has standing to seek to suppress evidence “that is in some sense the product of his unlawful detention”); United States v. Green, 275 F.3d 694, 699 (8th Cir.2001) (defendant lacked interest in car “that would enable him to directly challenge the search,” but he could “seek to suppress evidence as the fru

11
State v. Coynegreen
moctapp · 2003 · cited in 1 Missouri opinions naming this issue, 2007–2007
1 sentence

2007Under this doctrine, “ ‘where law enforcement personnel would ultimately or inevitable have discovered evidence, the evidence is admissible notwithstanding a constitutionally invalid search [or seizure].” ’ State v. Coyne, 112 S.W.3d 439, 443 (Mo.App.E.D.2003) (citation omitted).

11
State v. Reasonovergreen
moctapp · 1985 · cited in 1 Missouri opinions naming this issue, 2007–2007
1 sentence

2007See State v. Thomas, 491 S.W.2d 328, 331 (Mo.1973) (lineup identification by robbery victim independent of unlawful arrest where identification based on witnesses’ recollections and observations at the time of the robbery); State v. Reasonover, 700 S.W.2d 178, 183 (Mo.App.

11
State v. Thomasgreen
mo · 1973 · cited in 1 Missouri opinions naming this issue, 2007–2007
1 sentence

2007See State v. Thomas, 491 S.W.2d 328, 331 (Mo.1973) (lineup identification by robbery victim independent of unlawful arrest where identification based on witnesses’ recollections and observations at the time of the robbery); State v. Reasonover, 700 S.W.2d 178, 183 (Mo.App.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
State v. Pfleiderer green
moctapp · 1999
2 sentences

2003See Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963); State v. Pfleiderer, 8 S.W.3d 249 (Mo.App.1999).

2003See Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963); Pfleiderer, 8 S.W.3d at 257 .

22003–2003
Silverthorne Lumber Co. v. United States red
scotus · 1920
2 sentences

1982Simpson argues that there was no probable cause for the initial intrusion onto the farm grounds by law enforcement officers and, this being so, the fruits of the subsequent seizure by purported authority of a warrant was tainted to the point that evidence obtained as a result of the seizure should be excluded under the fruit of the poisonous tree doctrine as enunciated in Silverthorne Lumber Co. v. United States, 251 U.S. 385, 392 , 40 S.Ct. 182, 183 , 64 L.Ed. 319 (1919) and subsequent cases.

1982Simpson argues that there was no probable cause for the initial intrusion onto the farm grounds by law enforcement officers and, this being so, the fruits of the subsequent seizure by purported authority of a warrant was tainted to the point that evidence obtained as a result of the seizure should be excluded under the fruit of the poisonous tree doctrine as enunciated in Silverthorne Lumber Co. v. United States, 251 U.S. 385, 392 , 40 S.Ct. 182, 183 , 64 L.Ed. 319 (1919) and subsequent cases.

21974–1982
Nardone v. United States green
scotus · 1939
2 sentences

1979We likewise consider whether the statements have “become so attenuated as to dissipate the taint.” Nardone v. United States, 308 U.S. 338, 341 , 60 S.Ct. 266, 268 , 84 L.Ed. 307 (1939).

1979We likewise consider whether the statements have “become so attenuated as to dissipate the taint.” Nardone v. United States, 308 U.S. 338, 341 , 60 S.Ct. 266, 268 , 84 L.Ed. 307 (1939).

21974–1979
Terry v. Ohio green
scotus · 1968
1 sentence

2009“If the state fails in this regard, then the evidence collected as a result of the stop must be suppressed pursuant to the fruits of the poisonous tree doctrine.” Id.

12009–2009
State v. Manley green
moctapp · 2003
1 sentence

2004Manley, 115 S.W.3d at 403 ; see Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963).

12004–2004
United States v. Di Re green
scotus · 1948
2 sentences

1995In law it is good or bad when it starts and does not change character from its success." United States v. Di Re, 332 U.S. 581, 595 , 68 S.Ct. 222, 228 , 92 L.Ed. 210 (1948). [5] The attenuation doctrine is one of three limitations on the fruit of the poisonous tree doctrine.

1995In law it is good or bad when it starts and does not change character from its success." United States v. Di Re, 332 U.S. 581, 595 , 68 S.Ct. 222, 228 , 92 L.Ed. 210 (1948). [5] The attenuation doctrine is one of three limitations on the fruit of the poisonous tree doctrine.

11995–1995
State v. Lynch green
moctapp · 1975
1 sentence

1993Id. at 459 .

11993–1993
State v. Wright green
mo · 1974
1 sentence

1974Rule 84.04. [6] 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967). [7] ". . . [I]f, after he has been granted his federal constitutional Fifth and Sixth Amendment rights, a juvenile subject to jurisdiction of the juvenile court makes a voluntary statement to someone other than a juvenile officer or other juvenile court personnel, and if it is made clear to the juvenile that criminal responsibility can result from any statement he makes and that the questioning authorities are operating as his adversaries rather than his friends, such statements are admissible in evidence against the juvenile

11974–1974
Harrison v. United States green
scotus · 1968
2 sentences

1974Beginning with Silverthorne Lumber Co. v. United States, 251 U.S. 385 , 40 S.Ct. 182 , 64 L.Ed. 319 (1920) and Nardone v. United States, 308 U.S. 338 , 60 S.Ct. 266 , 84 L.Ed. 307 (1939) through Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963) and Harrison v. United States, 392 U.S. 219 (1968) it has been held that evidence obtained through violation of constitutional rights is not admissible.

1974Beginning with Silverthorne Lumber Co. v. United States, 251 U.S. 385 , 40 S.Ct. 182 , 64 L.Ed. 319 (1920) and Nardone v. United States, 308 U.S. 338 , 60 S.Ct. 266 , 84 L.Ed. 307 (1939) through Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963) and Harrison v. United States, 392 U.S. 219 (1968) it has been held that evidence obtained through violation of constitutional rights is not admissible.

11974–1974
In Re GAULT red
scotus · 1967
2 sentences

1974Rule 84.04. [6] 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967). [7] ". . . [I]f, after he has been granted his federal constitutional Fifth and Sixth Amendment rights, a juvenile subject to jurisdiction of the juvenile court makes a voluntary statement to someone other than a juvenile officer or other juvenile court personnel, and if it is made clear to the juvenile that criminal responsibility can result from any statement he makes and that the questioning authorities are operating as his adversaries rather than his friends, such statements are admissible in evidence against the juvenile

1974Rule 84.04. [6] 387 U.S. 1 , 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967). [7] ". . . [I]f, after he has been granted his federal constitutional Fifth and Sixth Amendment rights, a juvenile subject to jurisdiction of the juvenile court makes a voluntary statement to someone other than a juvenile officer or other juvenile court personnel, and if it is made clear to the juvenile that criminal responsibility can result from any statement he makes and that the questioning authorities are operating as his adversaries rather than his friends, such statements are admissible in evidence against the juvenile

11974–1974

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 577.010 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 73 (1975–2025) TX 57 (1977–2026) IN 55 (1987–2025) IL 47 (1970–2026) CA 45 (1967–2022) WA 43 (1971–2025) NM 42 (1977–2026) NY 37 (1967–2025) MD 36 (1969–2025) FL 34 (1969–2025) MA 33 (1981–2025) MI 31 (1973–2026) KS 30 (1975–2026) CO 28 (1980–2025) HI 23 (1964–2026) OH 22 (1969–2025) NJ 20 (1974–2025) SC 20 (1981–2026) TN 18 (1998–2026) CT 17 (1988–2025) VA 16 (1986–2026) WI 16 (1994–2025) NC 16 (1979–2021) MS 15 (1978–2026) IA 14 (1965–2022) SD 14 (1977–2024) NH 13 (1991–2025) OR 13 (1975–2015) GA 13 (1982–2026) MO 13 (1974–2009) WV 12 (1983–2015) ID 10 (2000–2023) AZ 10 (1972–2023) LA 10 (1977–2025) MT 9 (1979–2024) AL 7 (1973–2008) AR 6 (1979–2009) WY 5 (1976–2011) KY 4 (2011–2024) RI 4 (2014–2024) DE 4 (1990–2025) OK 3 (1973–2015) MN 3 (1986–1999) VT 3 (2007–2019) ND 3 (1979–2021) DC 3 (1977–2021) AK 2 (1973–1983) NV 2 (1976–2025) ME 2 (2000–2010) NE 2 (2008–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check