Admissibility Of Evidence Gathered Without Warrant

Question 1

What is the exclusionary rule?

Answer 1

Evidence that is obtained in violation of a statute or constitutional provision is inadmissible in court agains the individual whose rights were violated.

Question 2

When can improperly obtained evidence not be introduced?

Answer 2

In a prosecutor’s case in chief.

However, can it used to impeach the D’s testimony on cross examination

Question 3

If a police make an error in executing the warrant, will evidence obtained be inadmissible?

Answer 3

Only if deliberate, reckless or grossly negligent

Question 4

The police fail to “knock and announce” their search. The D tries to suppress evidence on the basis the search was consequently unlawful. Can they do so?

Answer 4

The defendant can file a civil claim against the police, but they cannot suppress the evidence

Question 5

What is the role of the fruit of the poisonous tree when it comes to submitting evidence?

Answer 5

Any direct or indirect/derivative evidence gathered as a result of the unconstitutional search will not be admissible in the prosecutors case in chief.

Question 6

For tainted ”fruit” evidence to be admitted in a prosecutors case in chief what must the prosecutor show?

Answer 6

That there was a break in the causal link between the original constitutional violation and the evidence later discovered.

Question 7

with regard to admitting evidence obtained unlawfully, in order to show a break in the causal link between the constitutional violation and the evidence later discovered, what three things can the prosecutor show?

Answer 7

1. Independent source (source of discovery and seizure of evidence is distinct from original illegality).
2. Inevitable discovery
3. Attenuation (passage of time and intervening events, plus non-flagrant violation will purge the “taint”)

Question 8

When does an arrest occur?

Answer 8

And arrest occurs when the police take someone into CUSTODY against their will for prosecution or interrogation

And arrest may also occur when someone is compelled to come to the station to answer questions/for fingerprinting

Question 9

What standard is applied for an officer to be able to arrest a person?

Answer 9

(Probable cause)

The officer must have knowledge Or reasonably trustworthy facts and circumstances to fish and to warrant a reasonably prudent person to believe that the suspect has committed or is committing a crime for which the rest is authorised by law

Question 10

Once a person has been arrested, the 4th Amendment protects a persons rights what type of offences?

Answer 10

All offences including those punishable by a fine only

Question 11

When do the police need an arrest warrant?

Answer 11

Abson an emergency, the police need a warrant to arrest someone in the home

To arrest someone in the home of the third-party the police need an arrest warrant AND a search warrant.