4. Effect of Illegal Search and Seizure

Effect of an Illegal Search and Seizure (Fruit of the Poisonous Tree Doctrine)

Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. (Sec. 3(2), Art. 3, 1987 Constitution)

The effect of an illegal search and seizure is the exclusion of the evidence obtained from being used against the person whose rights were violated by the search.

The exclusionary rule prevents, upon proper motion or objection, the admission of evidence illegally obtained. Thus, the most important effect of an illegal search and seizure is the exclusion of the evidence obtained from being used against the person whose rights were violated by the search, the evidence being the proverbial and jurisprudential “fruit of the poisonous tree.” The violation of the individual’s rights also inevitably results into civil, criminal, and administrative charges against the officer responsible for the violation.