4th Amendment - Remedies

Question 1

Exclusionary Rule

Answer 1

The exclusionary rule prohibits the introduction of evidence obtained in violation of a D’s Fourth, Fifth, or Sixth Amendment rights.
1) However, the exclusionary rule does NOT extend to grand juries. Evidence that is the fruit of an unlawful search or seizure may NOT be used against the D at trial. But illegally seized evidence as well as hearsay may be introduced in a grand jury proceeding.

Question 2

Fruit of the Poisonous Tree

Answer 2

Additionally, not only must all illegally obtained evidence be excluded, but all evidence derived from the illegally obtained evidence must be excluded as fruit of the poisonous tree.
1) The rationale behind the exclusionary rule is to deter intentional police misconduct.

Question 3

Independent Source

Answer 3

Despite the exclusionary rule, evidence is admissible if the police can show that the learned of the evidence from an independent source. Thus, knowledge of the evidence must be unconnected with the original violation.

Question 4

Inevitable Discovery

Answer 4

If the police can prove that the evidence inevitably would have been discovered by lawful means, the exclusionary rules does NOT apply. In other words, evidence that would have been eventually obtained through routine police investigation is admissible since the unlawful conduct had the effect of merely accelerating the discovery.

Question 5

Purging the Taint

Answer 5

At time, the connection between the police misconduct and the subsequently acquired evidence may be sufficiently attenuated (diminished) to permit the use of the evidence at trial. For instance, an act of free will by the D can break the causal chain and remove the taint.