EPO 14

Question 1

Explain 4th Amendment Accountability

Answer 1

Oath “I do solemnly swear that I will support and defend the Constitution…”
Need to ensure that we never intentionally or unintentionally violate 4th Amendment rights

ECCS
Employee Discipline (internal discipline)
Civil liability (lawsuit for money damages based on unconstitutional conduct)
Criminal prosecution (Gross violations can result in criminal prosecution for unconstitutional conduct)
Suppression of Evidence

Question 2

Explain Exclusionary Rule

Answer 2

Exclusionary Rule = may not use unlawfully obtained evidence in criminal trial. If an agent violates a person’s rights under the 4th amendment, then any evidence obtained is suppressed/excluded from the trial

Purpose/Procedure = motion to suppress followed by a suppression hearing related to admissible/inadmissible evidence

“Standing” = Only person affected by the violation may challenge an illegal search or seizure with the exclusionary rule

Question 3

Exceptions to the Exclusionary Rule

Answer 3

GOII

Good faith in deficient warrant - search warrant defective
Other - search was predicated on an error outside control of agent
Independence source - PC developed independent of the constitutional violation
Inevitable discovery - information inevitably would have been discovered by lawful means

Question 4

Explain “Fruit of the Poisonous Tree”

Answer 4

Extends the Exclusionary Rule to include evidence derived from the constitutional violation. Illegally seized evidence cannot be used as the means of obtaining sill more evidence. Any evidence that is seized would be “fruit” of the original illegality and would thus be “poisoned” and suppressed/excluded

Question 5

What is the purpose of the exclusionary rule?

Answer 5

Deter law enforcement officers from illegally obtain evidence by denying the government any benefit from illegal searches and seizures by prohibiting the use of any evidence obtained illegally