Exclusionary Rule Flashcards
Exclusionary Rule
Prohibits the introduction of evidence obtained in violation of D’s constitutional rights in a criminal trial
Fruit of the Poisonous Tree Doctrine
Evidence derived or obtained from illegal govt. conduct is excludable against D
- Arises when illegal police action leads to evidence
Fruit of the Poisonous Tree Doctrine - Exceptions (3)
Illegally obtained evidence is admissible if govt. can “break the chain” between illegal govt. conduct and the seized evidence; common ways to break the chain
1) Independent Source: govt. had an independent source for obtaining the evidence, i.e. independent from original illegality
2) Inevitable Discovery: govt. would have discovered illegally derived evidence even without illegal conduct
3) Attenuation: Where evidence challenged is too remote and attenuated from unlawful search or seizure
- Includes intervening acts of free will by D (e.g. after initial illegality, D consciously leads police to the evidence)
Remedy for Exclusionary Rule Violation
Harmless Error Review
For admission of illegally-seized evidence to be upheld on appeal, govt. must show that it was harmless beyond a reasonable doubt
Exclusionary Rule does not apply to . . . (3 Situations)
1) Grand jury proceedings, civil proceedings, parole hearings, or administrative cases
2) Violations of the “knock and announce rule” in executing search warrants
3) Evidence seized as a result of Miranda violations
Excluded Evidence and Impeachment
Confessions resulting from Miranda violations or illegally obtained evidence may be used to impeach D’s testimony at trial (but only D’s testimony)
Govt. GF defenses to the Exclusionary Rule (2)
Illegally obtained evidence will not be excluded if the govt. demonstrates that it relied on GF on either:
1) A reasonably relied upon but defective search warrant, (evidence seized via an invalid warrant obtained in GF will be excluded in some situations); or
2) A judicial opinion or statute that was later changed or declared invalid
