9. Exclusionary Rule (4A/5A/6A)

Question 1

What is the purpose of the Exclusionary Rule?

Answer 1

Prevent introduction of evidence obtained in violation of 4A/5A/6A rights

Question 2

What is the Fruits of the Poisonous Tree doctrine?

Answer 2

Prevent introduction of;

• Illegally obtained evidence (violation of 4A/6A)
• Evidence obtained/derived from exploitation of illegally obtained evidence

Question 3

Are there exceptions to the Fruits of the Poisonous Tree doctrine?

Answer 3

Illegally obtained evidence (violation of 5A) is admissible

Question 4

Does the Exclusionary Rule automatically exclude evidence?

Answer 4

No: Balancing test

• Rule’s purpose (deter police misconduct)
• Costs (exclusion of evidence)

Question 5

What exceptions do not exclude evidence under Exclusionary Rule?

Answer 5

Independent source

Attenuation
- Intervention/Remoteness between illegal conduct + evidence

Inevitable discovery

Live witness testimony
- Must weigh D’s free will to testify vs Deterrance of police misconduct

In-court identification

Grand jury proceedings

Civil proceedings

Arrest/Search erroneously but in good faith

Impeachment of D’s testimony

• NOT involuntary confessions
• NOT Witness’ testimony

Knock and announce rule violations

Good faith mistake re
- Judicial opinion/Statute/Ordinance/Defective search warrant

Question 6

What happens if Defendant is convicted and appeals against improperly obtained evidence admitted against him?

Answer 6

Harmless error test

- Government must prove beyond reasonable doubt of its admissibility

Question 7

How must exclusionary rule be applied?

Answer 7

Government must prove by preponderance of evidence of its admissibility