Exclusionary Rule

Question 1

What are requirements for exclusion of evidence?

Answer 1

1. an unreasonable search or seizure must trigger the remedy exclusion
2. the D claiming the remedy and seeking exclusion must have standing
3. the facts do not support applying an exception to the exclusionary rule

Question 2

What is required to have standing to challenge admissibility of evidence under the exclusionary rule?

Answer 2

D must show that an unreasonable search or seizure intruded on their personal constitutional rights

Question 3

Can someone assert 4th A violation on behalf of a third party?

Answer 3

No, a 4th A violation can’t be asserted on behalf of someone else

Question 4

What does a D have standing to invoke the exclusionary rule?

Answer 4

D has standing to invoke exclusionary rule when:
1. they have an ownership or possessory interest in the place searched or item seized
2. they are unreasonably seized by the police
3. they are an overnight social guest at someone else’s home

Question 5

When does a party have standing to seek exclusion of evidence obtained as the result of an unreasonable search of a car?

Answer 5

The owner of a car, or person in possession of a car has standing to seek exclusion of evidence obtained as the result of an unreasonable search of the car

Question 6

What is the exclusionary rule?

Answer 6

The exclusionary rule may be invoked to prohibit the government from introducing evidence obtained as a direct or derivative result of an unreasonable search or seizure

Question 7

What is the fruit of the poisonous tree doctrine?

Answer 7

Any additional evidence derived from initial illegality, including oral statements and physical objects, falls within the scope of the exclusionary rule and is tainted as fruit of the poisonous tree

Question 8

What are exceptions to the fruit of the poisonous tree doctrine?

Answer 8

Although inadmissible as fruit of the poisonous tree, the taint can be purged and evidence admitted if one of the following exceptions applies:
1. independent source
2. inevitable discovery
3. attenuation

Question 9

What is the independent source exception to fruit of the poisonous tree doctrine?

Answer 9

Evidence is obtained form a lawful source independent of the original illegality

Question 10

What is the inevitable discovery exception to fruit of the poisonous tree doctrine?

Answer 10

Evidence that is obtained through a poisonous tree will still be admissible if the police establish they would have inevitably discovered the evidence through a different independent source

Question 11

What is attenuation exception to fruit of the poisonous tree doctrine?

Answer 11

Evidence so distant from the initial illegality that the poisonous taint is purged and the evidence is admissible

Question 12

What are factors establishing whether there is sufficient attenuation to remove the taint of evidence being fruit of the poisonous tree?

Answer 12

Factors to consider regarding attenuation include:
1. whether the evidence was obtained from a different location
2. the passage of time
3. different officers obtained the evidence
4. there was a valid Miranda waiver

Question 13

Does exclusionary rule apply in cases of impeachment?

Answer 13

No, the exclusionary rule does not apply to the use of tainted evidence to impeach the defendant’s testimony

Question 14

What is the good faith exception to the exclusionary rule?

Answer 14

When the police act in good faith on a warrant that is later ruled invalid, the evidence is not excluded