10. Exclusionary Rule

Question 1

Exclusionary Rule:

Answer 1

Prohibits the intro of evidence obtained in violation of D’s constitutional rights in a criminal trial

Question 2

Fruit of the Poisonous Tree Doctrine

Answer 2

Evidence derived from illegal government conduct is excludable against D. Arises when illegal police action leads to evidence.

Question 3

Fruit of the Poisonous Tree Doctrine EXCEPTIONS

Answer 3

Illegally obtained evidence is admissible if government can “break the chain” between the illegal government conduct and the seized evidence; common ways to break the chain:

1. INDEPENDENT SOURCE: government had an independent source for obtaining the evidence
2. INEVITABLE DISCOVERY: government would have discovered illegally derived evidence even without illegal conduct
3. ATTENUATION: where evidence challenged is too remote and attenuated from unlawful search or seizure

Question 4

Government good-faith defenses to the exclusionary rule:

Answer 4

Government demonstrates that it relied in good faith on either:

(1) Reasonably relied upon but defective search warrant
(2) Judicial opinion or statute that was later changed or declared invalid

Question 5

Excluded evidence and impeachment:

Answer 5

♣ Confessions resulting from Miranda violations or illegally obtained evidence may be used to impeach D’s testimony at trial (but only D’s testimony)

Question 6

Exclusionary rule does not apply to:

Answer 6

♣ 1. Grand jury proceedings, civil proceedings, parole hearings or administrative cases

♣ 2. Violations of the “knock and announce rule” in executing search warrants

♣ 3. Evidence seized as a result of Miranda violations