Exclusionary rule

Question 1

Exclusionary rule

Answer 1

Prohibits introduction of unconstitutionally obtained evidence and all “fruits of the poisonous tree” (evidence derived from illegally obtained evidence)

Not applicable to:
-Live witness testimony (too difficult in practice)
-In-court identification or out-of-court identification unless unnecessarily suggestive
-Grand juries, civil proceedings, parole revocation proceedings, violations of state law or agency rules

Question 2

Exceptions to exclusionary rule

Answer 2

1. Independent source
2. Intervening act of free will by Defendant
3. Inevitable discovery
4. Good faith reliance on defective warrant, unless:
   -Underlying affidavit unreasonably lacked probable cause or particularity
   -Law enforcement lied to magistrate or magistrate was not neutral

Question 3

Use of excluded evidence for impeachment purposes

Answer 3

Confessions made in violation of Miranda rights and evidence obtained from an illegal search are admissible for impeachment purposes

Question 4

Harmless error standard

Answer 4

If illegal evidence is admitted, a resulting conviction should be overturned on appeal unless the government can show beyond reasonable doubt hat the error was harmless
-Denial of 6A right to counsel at trial is never harmless

Question 5

Enforcing the exclusionary rule

Answer 5

The government bears the burden of establishing the admissibility by a preponderance of the evidence