Exclusionary Rule Flashcards
Definition of The Exclusionary Rule
Unconstitutionally obtained evidence is excluded at trial.
Fruit of the Poisonous Tree Doctrine
Evidence obtained from exploitation of unconstitutionally obtained evidence.
Exceptions to the Fruit of the Poisonous Tree Doctrine
Fruits derived from statements in violation of Miranda will not be excluded IF not purposeful violation of Miranda
Evidence obtained from a source independent of the original illegality
If the causal link between police misconduct and evidence is broken
Defendant’s intervening acts of free will
Inevitable discovery (prosecution can show they would have found the evidence regardless of the unconstitutional violation)
Violations of the knock and announce rule
Three I’s that make evidence admissible
Independent Source
Intervening Act of Free Will
Inevitable Discovery
Limitations on the Exclusionary Rule
Not applicable to:
- Grand juries UNLESS evidence is obtained in violation of the federal wiretapping statute
- Parole Revocation Proceedings
- Civil proceedings
- Violations of State Law or Internal Agency Rules
- Good Faith Reliance on Law
Good Faith Reliance on Law Exception to the Exclusionary Rule
The exclusionary rule does not apply when the police arrest someone erroneously but in good faith thinking that they are acting pursuant to a valid warrant or law.
Four exceptions to a good faith reliance on a defective warrant (i.e., the exclusionary rule would apply in these circumstances):
(1) The affidavit underlying that warrant is so lacking in PROBABLE CAUSE that no reasonable police officer would have relied on it.
(2) The affidavit underlying the warrant is so lacking in PARTICULARITY that no reasonable officer would have relied on it.
(3) The police officer or prosecutor lied to or misled the magistrate when seeking the warrant.
(4) The magistrate is biased and therefore has wholly abandoned their neutrality.
Harmless Error Test and the Exclusionary Rule
If illegal evidence is admitted, conviction should be overturned on appeal UNLESS the government can show beyond a reasonable doubt that the error was harmless
Questions on the admissibility of evidence and the exclusionary rule.
HYPO: D is being interrogated and invokes right to counsel. Police continue to question him anyway and he confesses. Will his confession be admissible at trial?
MAYBE:
- Exclusionary rule obviously applies
- BUT it may be admissible to impeach D if D takes the stand
Burden of establishing the admissibility of evidence that violates the exclusionary rule
The government bears the burden of establishing the
admissibility by a preponderance of the evidence
