(15) Criminal Procedure: Exclusionary Rule & Fruit of the Poisonous Tree Flashcards
Exclusionary Rule
The exclusionary rule prevents evidence obtained in violation of a D’s 4th, 5th or 6th Amendment rights.
The evidence is inadmissible throught the exclusionary rule and all derivate evidence is inadmissible under the fruit of the poisonous tree doctrine.
In which proceedings does the Exclusionary Rule not apply?
The exclusionary rule only applies to criminal trials.
It does not apply to grand juries, in civil proceedings, or to exclude evidence introduced to impeach the D.
Exceptions to the Exclusionary Rule
The exclusionary rule does not apply: (a) if the police show they had an independent source for the evidence (a separate distinct source for discovery and seizure); (b) the discovery of evidence would have been inevitable regardless of the illegality; (c) through the attenuation doctrine (evidence is admitted when the chain of causation is attenuated as to purge the taint through the passage of time and/or intervening events); OR (d) the police relied in good faith on a defective search warrant.
Exclusionary Rule Exception Exception:
4 Exceptions to the Good Faith Exception
4 Exceptions where an officers good faith reliance does not excuse an invalid warrant:
(1) The warrant is so lacking in particularity that no reasonable officer could believe in good faith that the warrant is valid;
(2) When the warrant is so lacking in probable cause that no reasonable officer could have relied on it;
(3) When the magistrate judge who issued the warrant was biased;
(4) When the officer who obtained the warrant lied on the warrant application.
*Harmless Error – If a trial court wrongfully admitted illegally seized evidence the appellate court can refuse to order a new trial if the error was harmless beyond a reasonable doubt and does not contribute to the result.
Exclusionary Rule Exception:
Miranda Limitations
(a) Failure to give Miranda warnings does not require suppression of the physical evidence found because of the statements as long as the statements are voluntary;
(b) Subsequent statements made after Miranda warnings are admissible; OR
(c) Maybe used to impeach a D on cross examination (but cannot be used in the Prosecutions case in chief or to impeach testimony of 3rd party witnesses)
Does the fruit of the poisonous tree doctrine apply to Miranda violations?
NO, the fruit of the poisonous tree doctrine doesn’t apply to Miranda violations.
Are coerced statements from the suspect admissible?
NO, coerced statements made by the suspect are never admissible for any purpose.
Fruit of the Poisonous Tree Doctrine
All evidence obtained or derived from illegally obtained evidence is excluded against the D whose rights were violated (but not against the D’s whose rights were not)
Fruit of the Poisonouos Tree Exception
Same exceptions as to the Exclusionary rule (excluding the good faith reliance on a warrant exception):
(a) if the police show they had an independent source for the evidence (a separate distinct source for discovery and seizure); (b) the discovery of evidence would have been inevitable regardless of the illegality; OR (c) through the attenuation doctrine (evidence is admitted when the chain of causation is attenuated as to purge the taint through the passage of time and/or intervening events)
