Fruit of the poisonous tree: a conclusion that is (not that) obvious

This paper addresses a key problem of unlawful evidence in criminal procedure: how to deal with evidence arising from unlawfulness ("fruit of the poisonous tree" doctrine). To this end, the response that doctrine and case law have given to this issue is analyzed, not only under Chilean law, but also under American and German law, systems which, despite their structural differences, have dealt comprehensively with the problem. As a conclusion, the paper accepts the theory of the fruits of the poisoned tree associated with the exclusionary rule due to unlawfulness, enshrined in the Chilean criminal procedure, recognizing exceptions to its application as a consequence of the need to contribute to an efficient criminal prosecution.