2) 4A Exclusionary Rule

Question 1

required to exclude evidence

Answer 1

1) constitutional violation that triggers exclusion AND
2) standing AND
3) exclusionary rule applies / no exceptions

Question 2

standing: rule

Answer 2

to exclude, violation must be directed against D’s PERSONAL const rights NOT SOMEONE ELSE’S

ask: did D have rep? (or was it someone else’s?)

includes even if evidence found in illegal search of someone else is used against D, or D gave it to the person to carry

Question 3

required: constitutional violation that triggers exception: what does not?

Answer 3

violating knock + announce

Question 4

standing: def

Answer 4

D has standing if he has ownership or a possessory interest in the place searched or the item seized

Question 5

standing: cars

Answer 5

different rules for search and seizure

Question 6

standing: cars: search

Answer 6

only owner or person in possession of car (renter) can challenge search – not passengers

Question 7

standing: cars: sz

Answer 7

unreasonable sz of car is an unreasonable sz of al passengers!

(this could then become poison tree for a subsequent search)

Question 8

standings: guests

Answer 8

1) overnight guest in someone’s home: yes standing
2) short-term commercial visitors: no standing
3) non-overnight guests: no standing

Question 9

exclusionary rule: general

Answer 9

if D has standing + unreasonable sezrch/sz, D can invoke exclusionary rule to prohibit gvt from introducing evidence obtained as direct or indirect result of unreasonable search

Question 10

exclusionary rule: limitations

Answer 10

1) impleachment

2) good faith exception

Question 11

exclusionary rule limitations: impeachment: def

Answer 11

does not apply to use of tainted evidence to impeach D’s testimony (can’t hide behind exclusionary rule to lie)

Question 12

exclusionary rule: limitations: good faith: def

Answer 12

when police act in good faith reliance on warrant subsequently ruled invalid the evidnece seized will NOT be exlcuded

if reasonable officer would rely on warrant then good faith

bc: purpose is to deter police misconduct

Question 13

exclusionary rule: limitations: good faith: exceptions

Answer 13

good faith exception does NOT apply if reasoanble officer would know not to rely on warrant

Question 14

exclusionary rule: limitations: good faith: exception: reasonable officer would know not to rely on warrant when:

Answer 14

1) police lie or mislead magistrate to get warrant (any officer lying counts)
2) warrant is so facially defective that no RO would rely on it
3) RO would know magistrate not neutral / detached

Question 15

exclusionary rule: limitations: good faith: EXTENSIONS

Answer 15

still can be good faith (so no exclusion) if:

1) police mistake w purging warrant from database
2) search conducted based on judicial precedent that changes before thre trial

Question 16

exclusionary rule: limitations: good faith: EXTENSIONS: police mistake: rule

Answer 16

error must be isolated negligence attenuated from the point of arrest (failure to purge warrant from database)

Question 17

fruit of the poisonous tree: rule

Answer 17

any additional evidence derived from initial illegality (inc oral sts, physical objects) falls w/in the scope of the exclusionary rule as tainted fruit of poisonous tree

but-for connection and violation of D’s rights

Question 18

fruit of the poisionous tree: exclusion

Answer 18

miranda violations

Question 19

Miranda violation: result

Answer 19

confession is inadmissible in prosecution’s case and chief

but evidence derived from the st still admissible, not excluded!

Question 20

fruit of posionous tree: exceptions: BOP

Answer 20

gvt

Question 21

fruit of poisonous tree: exceptions: list

Answer 21

1) independent source
2) inevitable dy
3) attenuation

Question 22

independent source: def

Answer 22

(what would normally be fruit of poisonous tree is still admissible if)

if evidence is obtained from a lawful independent source, even if police acted illegally to confirm the location of the evidence

Question 23

independent source; rationale

Answer 23

no but-for link btwn violation and sz of evidence (ex. they were going to get a warrant later)

Question 24

inevitable dy: def

Answer 24

(what would normally be fruit of poisonous tree is still admissible if)

police would have inevitably discovered the evidence through a different + independent source

gvt must prove truly inevitable

have gears of independent dy already een set in mxn?

Question 25

attenuation: def

Answer 25

(what would normally be fruit of poisonous tree is still admissible if)

it is so distant from the initial illegality that the “taint” of the poison is “purged,” making evidence admissible

Question 26

attenuation: test

Answer 26

balance:

1) flagrancy of constitutional violence
2) distance btwn violation and evidence

Question 27

attenuation: unlawful arrest + later voluntary confession

Answer 27

if confession immediatley after arrest, exception rarely applies

Question 28

attenuation: factors supporting attenuation

Answer 28

1) different location
2) passage of time
3) different officers
4) valid Miranda waiver