t was developed or obtained based on illegal search and seizure. The Fruit of the Poisonous Tree doctrine was first introduced in Silverstone Lumber Co v. United States, a tax evasion case where federal agents presented photocopies of illegally seized documentation as evidence against the defendant. However, the doctrine was also designed to be applicable only to the federal government. Questions about the introduction of “tainted” evidence in state courts did not arise for another 35 years.On June 24, 1949 the Supreme Court passed a ruling upholding the conviction of Dr. Julius Wolf who had been convicted of conspiring to commit abortions. The Wolf v. Colorado case was admitted to become a “good case law” thus becoming another important step on a long road to justice. At that time, only 17 states decided to follow the “Weeks principle” and prohibit the acceptance of illegally seized evidence. Justice Felix Frankfurter stated, “… granting that in the practice the exclusion of evidence may be an effective way of deterring unreasonable searches, it is not for this court to condemn… a state’s reliance upon other methods which, if consistently enforced, would be equally effective…” (Wolf v. Colorado, http://oyez.nwu.edu). Despite the visible progress, some states were still free to employ “fishing expeditions” in seizing the evidence. Two and a half years later, on January 17, 1952 the Supreme Court was faced with a new case involving the Fourth Amendment and the exclusionary rule. This time, police misconduct was so outrageous and shocking that Justices were forced to overturn the conviction. The case of Rochin v. California involved three deputy sheriffs who searched Mr. Rochin’s dwelling without a warrant. The deputies observed the defendant swallow two pills. Mr. Rochin was taken to the hospital where the physician pumped the defendant’s stom...
