The fruit of the poisonous tree doctrine represents the most extensive scope of the exclusionary rule, as it excludes not only evidence that has been obtained illegally, but also evidence that, although lawfully obtained, is based on illegally obtained evidence. In Slovenia, a radical exclusion has been legislated. This master’s thesis presents the development of the doctrine and its exceptions in the case law of the United States of America, and then focuses on the understanding and application of the doctrine in Slovenian case law.
The fundamental importance of the exclusionary rule is not only to prevent unlawful police activities, but it is also an important legal remedy ensuring the implementation of the principle of equality of arms and the right to a fair trial. However, such a conception of exclusion does not in any way make the good faith exception acceptable. As regards evidence illegally obtained by state authorities, Slovenian case-law consistently applies radical exclusion. The utilitarian approach of Slovenian case-law is, however, noticeable in the case of evidence illegally obtained by private parties and in the recognition of the purged taint exception, the independent source exception, and the inevitable discovery exception.
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