Exclusionary Rule

Question 1

What is the exclusionary rule?

Answer 1

• A judicially created rule that excludes evidence obtained in violation of any conditional amendment.
• If evidence is obtained in violation of the 4th amendment, the exclusionary rule MAY apply.
• Exclusionary rule provides that illegally obtained evidence is inadmissible in the criminal trial.

Question 2

When does the exclusionary rule apply?

Answer 2

When there is evidence that is illegally obtained and has been used or will be used in court to prosecute that particular defendant.

Question 3

When does the exclusionary rule not apply?

Answer 3

When evidence is illegal obtained but used to prosecute another defendant. (ER applies to individual liberties.)

Question 4

Who has the burden of proof when an illegal obtainment claim is made?

Answer 4

The state has the burden to prove that what the police officer did was supported by law.

Question 5

What are the five exclusionary rule exceptions?

Answer 5

1 - Good Faith Doctrine
2 - Attenuation Doctrine
3 - Proximate Cause
4 - Independant Source Doctrine
5 - Inevitable Discovery Doctrine

Question 6

What is the Good Faith Doctrine?

Answer 6

When a police officer erroneously arrests or searches someone but do so in good faith, believing that they did so pursuant to a valid arrest warrant, search warrant, or law.

Question 7

What are the exceptions to the Good Faith Doctrine?

Answer 7

• Officers fraudulently mislead the magistrate regarding the truth to obtain a warrant.
• The magistrate wasn’t neutral and ignored their duty.
• Police knew or should have known that there was no probable cause.
• The warrant was defective on it’s face.

Question 8

What is the Attenuation Doctrine?

Answer 8

The attenuation doctrine is when illegally obtained evidence is admissable because it was attained far removed from the taint of illegality.

Question 9

What is the Proximate Cause?

Answer 9

When incriminating statements are made after an illegal arrest, the statements are admissible if they were made, based on the totality of the circumstances, sufficiently under the free will of the party to purge the primary taint.

Question 10

If there are multiple statements made, what must happen?

Answer 10

If there are multiple statements made, you must figure out if each statement is admissible based on police misconduct.

Question 11

What is the Independant Source doctrine?

Answer 11

Generally, the 4th Amendment exclusionary rule will the suppress evidence that is seized under a search warrant, despite prior invalid searches, if the warrant is based on an independant source.

Question 12

What is the Inevitable Discovery Doctrine?

Answer 12

• Illegally obtained evidence is admissible if it was evitable that the police would find it.
• ONLY applies to situations where the police were immediately in a position to find evidence. Not “sooner or later” situations.