Exclusionary Rule

Question 1

What is the exclusionary rule?

Answer 1

prohibits the introduction of evidence obtained in violation of D’s constitutional rights in a criminal trial

Question 2

What is the “fruit of the poisonous tree” concept?

Answer 2

evidence derived/obtained from illegal govt conduct is excluded against D (illegal police action leads to ev.)

Question 3

What are the exceptions to the exclusionary rule?

Answer 3

illegally obtained evidence is admissible if govt can breach chain between illegal govt condcut adn seize evidence (4 ways)

1. independent source
2. inevitable discovery
3. intervening acts of free will by D (D led them after illegal acts)
4. attenuation: ev challenged is too remote from the unlawful conduct

Question 4

What is the remedy for an exclusionary rule violation?

Answer 4

harmless error review - for adm. of illegally-seized ev to be upheld on review, govt must show that it was harmless beyond a reasonable doubt

Question 5

The exclusionary rule only applies to searches in violation of:

Answer 5

federal statute and U.S. constitution

Question 6

The exclusionary rule does NOT apply to:

Answer 6

1. grand jury proceedings, civil proceedings, parole hearing, or admin. cases
2. violations of K&A rule when executing SW
3. ev. seized as a result of Miranda violation

Question 7

Can confessions resulting from Miranda violations or illegally obtained ev. be used to impeach D’s testimony?

Answer 7

yes, but only D’s testimony

Question 8

What are the govt’s good faith defenses to exclusionary rule?

Answer 8

1. reasonably relied upon defective SW or

2. judicial opinion or statute that was later changed or declared invalid