Exclusion

Question 1

Exclusionary Rule

Answer 1

The exclusionary rule is a judge-made rule that prohibits the introduction of unconstitutionally obtained evidence, as well as evidence obtained from exploitation of that evidence, at trial unless the costs of excluding the evidence outweigh the deterrent effect exclusion would have on police misconduct.

Question 2

Fruit of the Poisonous Tree Doctrine

Answer 2

The fruit of the poisonous tree doctrine bars evidence that was obtained by exploiting the unconstitutionally-obtained evidence. The exclusionary rule bars the use of this evidence at trial, except for the following:
-fruits derived from statements obtained in violation of Miranda
-evidence obtained from an independent source
-evidence for which the connection to the unconstitutional conduct is attenuated
-where there are intervening acts of free will on the part of the defendant
-evidence that would have been inevitably discovered
-violations of knock and announce

Question 3

Limitations and Exceptions

Answer 3

Inapplicable to
-grand jury proceedings
-civil proceedings
-violations of state law
-parole revocation proceedings

Good faith exception
-valid warrant
-valid law

Can be used for impeachment