Section 6.30 Exclusionary Rule—“Fruit of the Poisonous Tree” Doctrine

• Library: DWI 2014

The judicially created remedy for Fourth Amendment violations is known as the exclusionary rule, which operates to deny the State the use of evidence obtained from a constitutional illegality. State v. Grayson, 336 S.W.3d 138, 146–47 (Mo. banc 2011). The purpose of the exclusionary rule is to deter violations—i.e., compel respect for the constitutional guarantee—by denying the police the incentive to disregard constitutional rights. Id.Application of the exclusionary rule extends beyond the direct product...