exclusionary rule

Question 1

exclusionary rule

Answer 1

Unconstitutionally obtained evidence excluded at trial
* does not apply at grand jury trial

Question 2

fruit of the poisonous tree

Answer 2

Under the exclusionary rule, evidence obtained in violation of the defendants constitutional rights is generally inadmissible at trial

Under the fruit of the poisonous tree doctrine, evidence derived from unconstitutionally obtained evidence also will be suppressed

Question 3

exceptions to fruit of the poisonous tree doctrine

Answer 3

The fruits derived from statements obtained in violation of Miranda

independent source:
* evidence obtrained from a source idnependent of the original illegality

attenuation:
* casual link between unconsti police misconduct and evidence is remote or broken by some intervening circ (broken)
* includes intervening acts of free will on part of the D

inevitable discovery:
* prosecution can show that the police would have discovered the evidence whether or not the police acted unconstitutionally

Violations of the knock and announce rule

live witness testimony

in-court identification