Exclusionary Rule

Question 1

Exclusionary Rule

Answer 1

The exclusionary rule is a judge-made doctrine that prohibits introduction
of evidence obtained in violation of a defendant’s Fourth, Fifth, and Sixth Amendment rights. Under the rule, unconstitutionally
obtained evidence is inadmissible at trial, and all “fruit of the
poisonous tree” (that is, evidence obtained from exploitation of the
unconstitutionally obtained evidence) must also be excluded unless
the costs of excluding the evidence outweigh the deterrent effect
exclusion would have on police misconduct.

Question 2

Exceptions to fruit of
the poisonous tree doctrine

Answer 2

• The fruits derived from statements obtained in violation of Miranda
• Evidence obtained from a source independent of the original
  illegality
• Evidence for which the connection between the unconstitutional
  police conduct and the evidence is remote
• Inevitable discovery
• Violations of the knock and announce rule