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Criminal Procedure

Derivative Evidence and Miranda

Derivative Evidence and Miranda

Understand the deeper implications of the Miranda doctrine with this overview of derivative evidence that, unlike statements or admissions obtained in violation of Miranda, typically is not surpressed at trial.


The Supreme Court has stated that the derivative evidence/fruit of the poisonous tree doctrine does not apply to Miranda violations. See Oregon v. Elstad, 470 U.S. 298, 308-314 (1985). Thus, even though a statement obtained in violation of Miranda will generally be suppressed, “derivative” evidence obtained as an actual and proximate result of the statement generally will not be suppressed—at least where the statement was voluntary and not “coerced.” See id.

Let’s start with an easy example....