The article is an attempt to analyze the exclusion rule and the fruit of the poisonous tree from the perspective of the historical institution. These are legal institutions of Anglo-Saxon procedural law, strongly rooted in the United States and the United Kingdom, and are not reflected in the legal systems of European countries. For these reasons, their current scope is relatively limited, because
in their classic version they appear only in the United States of North America, nevertheless in some European jurisdictions certain legal institutions similar to the ER and FPT appear, although undoubtedly heavily modified in relation to the American pattern.