Eating the Poisonous Fruit: The Eighth Circuit Will Not Exclude Derivative Evidence from a Miranda Violation

Authors

Kerry F. Schonwald

Abstract

Today almost anyone who has ever turned on a television is familiar with the four Miranda warnings. However, the general public is probably not aware of what happens when those rights are violated. In United States v. Villalba-Alvarado, the Eighth Circuit Court of Appeals joined the Third and Fourth Circuits in holding that the poisonous fruit doctrine does not apply to physical evidence derived from a Miranda violation.

Recommended Citation

Kerry F. Schonwald, Eating the Poisonous Fruit: The Eighth Circuit Will Not Exclude Derivative Evidence from a Miranda Violation, 69 Mo. L. Rev. (2004)
Available at: https://scholarship.law.missouri.edu/mlr/vol69/iss4/17