Exclusionary Rule Flashcards

1
Q

The three “I’s” that make evidence admissible:

A

Independent source
Intervening act of free will
Inevitable discovery

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2
Q

Warrant was incorrect— can officer still rely on it and have the evidence admitted?

A

Yes if relied upon in good faith (with some exceptions, like the warrant was so bad that a reasonable officer should not have relied on it)

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3
Q

What happens on appeal when illegal evidence is admitted?

A

Conviction should be overturned unless government meets its burden to show beyond a reasonable doubt that the error was harmless

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