1. Intro To Crim Pro Flashcards
What is the exclusionary rule?
initial and secondary evidence resulting from illegal search/interrogation (4th/5th/6th Amendment) in violation of defendant’s rights is inadmissible against defendant criminal trial(NOT grand jury, sentencing, civil trial, UNLESS to impeach)
What is plain error?
A plain error is a clear and obvious mistake that affects a defendant’s substantial rights and was not objected to during the trial. Appellate courts may correct such errors if they seriously affect the fairness, integrity, or public reputation of judicial proceedings.
What is harmless error?
A harmless error is a mistake made during the trial that, upon review, is determined not to have affected the trial’s outcome or the defendant’s substantial rights. Such errors, while acknowledged, do not merit reversal of the conviction or a new trial.
What is the Fruit of the Poisonous Tree doctrine?
Any evidence discovered through the initial illegality falls within the scope of the exclusionary rule.
If there is a “but for” connection to the illegal conduct, the evidence “grew” out of that poison tree.
Is the fruit of the poisonous tree doctrine applicable to Miranda violations?
No, it is not applicable to Miranda violations or is applicable to a very limited extent.
Can subsequently seized evidence that’s inadmissible under the fruit of the poisonous tree doctrine still be admitted into evidence?
Yes, if the taint is dissipated or purged by:
* Independent evidence
* Inevitable discovery
* Attenuation.
What is independent evidence?
An exception applies when there is no causal connection between the violation of the defendant’s constitutional rights and the discovery of the evidence.
What is inevitable discovery?
There is an exception when the prosecution can prove that the police would have inevitably discovered the evidence through a different, independent source.
This arises where the police have already set in motion the “gears” of inevitable discovery.
What is attenuation?
Attenuation applies when a confession or consent after illegal detention is sufficiently distant from the initial illegality to be deemed voluntary.
What factors does a court consider in attenuation?
Factors considered include:
* Whether Miranda warnings were given
* Temporal proximity of the arrest and confession
* Presence of intervening circumstances
* Purpose and flagrancy of the official misconduct.
Can a defendant challenge an affidavit of an issued warrant?
Yes, by proving that the affidavit contained false statements made intentionally, knowingly, or in reckless disregard for the truth.
If the defendant cannot prove these conditions, the warrant will be upheld if there was a “substantial basis” to issue the warrant in the first instance.
Is a police’s seizure of incriminating evidence during a search incident to a valid arrest warrant admissible under the Fourth Amendment?
Yes, if the arrest warrant was a critical intervening circumstance independent of the illegal stop.
When does the exclusionary rule preclude the use of suppressed evidence?
It precludes only the use of suppressed evidence in the prosecution’s case in-chief and does not apply to the use of evidence for impeachment.
Are confessions that have been coerced or immunized admissible?
No, they are inadmissible for any purpose.
What is the Good Faith Exception?
Evidence obtained pursuant to an invalid warrant will not be excluded if a reasonably well-trained officer would have believed that the warrant was valid.
What are the factors for considering the good faith exception?
Factors include:
- Acting on a good faith reliance of a facially valid warrant
- Reliance on a valid statute
- Reliance on a court official rather than a police officer.
When does the good faith exception not apply?
It does not apply when:
- Police lie or mislead the court
- The magistrate is not neutral or detached
- No reasonable officer would believe the warrant was valid.
Does the Good-Faith Exception to the Exclusionary Rule apply in Georgia?
No. Georgia does not recognize the good-faith exception as it applies to defective search warrants. The evidence will be excluded even if the police executed the warrant in good-faith reliance concerning its validity.
Does the exclusionary rule apply to grand jury proceedings?
No, it has not been extended to grand jury proceedings.
A grand jury indictment may be based on illegally obtained evidence or even on hearsay evidence.A grand jury may base its indictment on evidence that would not be admissible at trial.
Nor may a defendant have the indictment quashed on the grounds that it is based
upon illegally-obtained evidence. Motions to suppress evidence based on the exclusionary rule are premature in
grand jury proceedings and will be denied.
Is evidence obtained under the reasonable reliance of the validity of a search warrant issued by a magistrate subject to the exclusionary rule?
No, it is not subject to the exclusionary rule.
Can evidence excluded by the rule from use by one sovereign be used in a civil proceeding of another sovereign?
Yes, it may be used in the civil proceedings of another sovereign.
Can evidence excluded by the rule for violating the Fourth, Fifth, or Sixth Amendments be used to impeach testimony?
Yes, it may be used to impeach testimony given on either direct examination or cross-examination.
Can a confession obtained without giving Miranda warnings be used to impeach a defendant’s testimony?
Yes, unless it is coerced or immunized.
Does a defendant have a right to a suppression hearing?
Yes, the defendant has a right to a suppression hearing.
Can the defendant’s testimony at the suppression hearing be used against them at trial on a substantive issue of guilt?
No, it may not be used against them.
Does admission of illegally obtained evidence constitute reversible error?
Yes, unless the error is ‘harmless.’
Can a state grant broader rights under its own constitution than are granted by the U.S. Constitution?
Yes, as long as those rights do not infringe upon any federal constitutional rights.
