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Derivative Evidence

obtained information

Facts, information, or physical objects that tend to prove an issue in a criminal prosecution but which are excluded from consideration by the trier of fact because they were learned directly from information illegally obtained in violation of the constitutional guarantee against unreasonable SEARCHES AND SEIZURES.

Derivative evidence is inadmissible as proof because of the application of the FRUIT OF THE POISONOUS TREE doctrine, which treats the original evidence and any evidence derived from it as tainted because of the illegal way in which it was obtained by agents of the government.

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