Exclusionary Rule Flashcards
1
Q
The three “I’s” that make evidence admissible:
A
Independent source
Intervening act of free will
Inevitable discovery
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)
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