4th Amendment Remedies

Question 1

Three requirements for exclusion of evidence:

Answer 1

1) unreasonable search or seizure must trigger remedy exclusion
2) Defendant claiming remedy (seeking exclusion) must have standing
3) Facts do not support applying an exception to exclusionary rule

Question 2

Exclusionary rule

Answer 2

If all 3 requirements are met, D can invoke the exclusionary rule to prohibit government from introducing evidence obtained as a direct or derivative result of an unreasonable search and seizure

Question 3

Fruit of the Poisonous Tree Doctrine

Answer 3

Any additional evidence derived from initial illegality, including oral statements and physical objects, fall within the scope of the exclusionary rule and are tainted fruit of poisonous tree

Question 4

Exceptions to fruit of poisonous tree doctrine

Answer 4

although inadmissible under fruit of poisonous tree doctrine, can be purged and admitted if:

1) independent source: if evidence is obtained from a lawful independent source of original illegality
2) inevitable discovery: evidence that is obtained through poison tree will still be admissible if police establish that they would have inevitably discovered the evidence through a different independent source.
3) attenuation: evidence so distant from initial illegality that taint of poison is purged and evidence is admissible

Question 5

What are the factors to be considered for attenuation:

Answer 5

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

Question 6

Exclusionary rule and impeachment

Answer 6

The exclusionary rule does not apply to use of tainted evidence to impeach D’s testimony

Question 7

Good faith exception:

Answer 7

when police act in good faith on warrant that is later ruled invalid, evidence not excluded.

Question 8

Standing

Answer 8

must show that unreasonable search or seizure intruded on his personal constitutional rights. Cannot assert someone else’s constitutional rights.

Question 9

How to establish standing:

Answer 9

1) ownership or possessory interest in place search or item seized
2) owner of car or person in possession of car has standing to seek exclusion of evidence obtained as result of unreasonable search of car
3) overnight guest at someone else house