Nardone v. United States
Citation
308 U.S. 338 (1939)
Facts
Government agents wiretapped the defendant’s phone conversations in violation of the Federal Communications Act; after the primary wiretap evidence was suppressed, the government sought to use investigative leads and evidence derived from those illegal wiretaps.
Issue
Whether evidence and investigative leads derived from an unlawful wiretap must also be suppressed.
Holding
The Court held that evidence and leads derived from the illegal wiretaps were also inadmissible, and defendants are entitled to show that the government’s case is tainted by the primary illegality.
Rule
Early articulation of the fruit of the poisonous tree doctrine — evidence derived from a primary illegality must be suppressed; defendants may demonstrate that the government’s knowledge of witnesses and evidence stems from the unlawful conduct.