Exclusionary Rule Flashcards
Limitation on Exclusionary Rule
Does the exclusionary rule apply in grand jury proceedings?
No, illegally seized evidence is admissible in grand jury proceedings (unless it was in violation of federal wiretapping statute)
* Also at parole revocation proceedings, civil proceedings, or where evidence was obtained contrary to only state law or agency rules
Instead, D would have to make pretrial motion to suppress evidence (first time D can test constitutionality of a seizure).
Grand jury is responsible for determining whether there is probable cause to indict.
When are confessions suppressed under the exclusionary rule?
When they result from D’s constitutional rights (ex. search and seizure) or the Miranda rule
What is the exclusionary rule?
Judge-made doctrine that prohibits introducing evidence obtained in violate of 4A, 5A, or 6A.
* All “fruit of the poisonous tree” also excluded unless costs of excluding evidence outweigh deterrent effect on police misconduct
What are exceptions to the fruit of the poisonous tree doctrine?
(Important)
(a) Fruits derived from statements obtained in violation of Miranda
(b) Violations of knock and announce rule
(c) Evidence from independent source
(d) Intervening acts of free will by D (connection between unconstitutional police misconduct and evidence is remote OR was broken by intervening circumstance)
(e) Inevitable discovery - prosecutor shows police would’ve discovered evidence even without misconduct
Intervening Acts - Attenuation: Causal link between police misconduct and evidence is broken
* Ex. D illegally arrested but after being released, voluntarily comes back to station to confess (intervening act by D)
* Ex. Police make unlawful stop but there’s arrest warrant out for detainee (connection remote)
Can D exclude live witness testimony under exclusionary rule?
Usually no.
Can D exclude witness’s in-court identification on grounds that it’s fruit of unlawful detention?
NO
Even if identification procedure was unduly suggestive/created substantial likelihood of misidentification, still NO unless police arranged the suggesttive circumstances
Limitation on Exclusionary Rule
What is the good faith exception to exclusionary rule?
If police arrest someone in error but on good faith that they’re acting pursuant to valid arrest/search warrant or law, then exclusionary rule doesn’t apply.
Limitation on Exclusionary Rule
What are the four exceptions to the good faith reliance on defective warrant?
(1) Affidavit underlying warrant lacks probable cause to extent that no reasonable police officer would’ve relied on it
(2) Affidavit lacks particularity to extent no reasonable police officer would’ve relied on it
(3) Police/prosecutor lied to/misled magistrate when getting warrant
(4) Magistrate is biased (isn’t neutral)
What illegally obtained evidence can be used to impeach D’s credibility if D takes stand?
(a) Voluntary confessions that violated Miranda (no warnings given)
(b) Evidence obtained from illegal search
What happens if illegal evidence is admitted?
Harmless Error Test: Resulting conviction must be overturned on appeal UNLESS gov can show beyond a reasonable doubt that error was harmless
Note: Harmless error test never used for denying D’s 6A right to counsel at trial - conviction MUST be overturned.
At hearing for admissibility of evidence, what burden does gov bear?
Gov must establish admissibility of evidence/confession by a preponderance of the evidence
D has right to have judge decide admissibity of evidence/confession as a matter of law at a suppression hearing (without jury)
* During suppression hearing, D can testify and D’s testimony can’t be used against him during trial to prove guilt
