exclusionary rule

Question 1

exclusionary rule

Answer 1

prohibits the introduction of evidence obtained in violation of D’s constitutional rights in a criminal trial

Question 2

exceptions to fruit of the poisonous tree doctrine

Answer 2

illegally obtained evidence is admissible if gov’t can “break the chain” b/t illegal gov’t conduct and seized evidence, i.e.
1) independent source
2) inevitable discovery
3) attenuation

Question 3

remedy for exclusionary rule violation

Answer 3

harmless error review

gov’t must show that it was harmless beyond a reasonable doubt for illegally-seized evidence to be admitted

Question 4

exclusionary rule does not apply to

Answer 4

1) grand jury proceedings, civil proceedings, parole hearings, or admin cases
2) violations of “knock and announce rule” in executing search warrants
3) evidence seized as a result of Miranda violations