Exclusionary Rule

Question 1

exclusionary rule

Answer 1

evidence obtained in violation of D’s 4A, 5A, or 6A rights is INADMISSIBLE at trial
- all derivative evidence is also inadmissible under the fruit of the poisonous tree doctrine

Question 2

exclusionary rule exceptions

Answer 2

eclusionary rule does NOT apply if:
1. police had an independent source for the secondary evidence,
2. discovery of the evidence was inevitable regardless of the illegality,
3. through the attenuation doctrine: when D’s free will is restored through passage of time or intervening events, OR
4. police relied in good faith on a defective warrant

Question 3

limitations on miranda violations

Answer 3

in addition to the above, the following limitations apply to Miranda violations:
1. Limitation 1: NOT required to suppress the physical evidence found because of D’s statements (as long as statement was voluntary)
2. Limitation 2: subsequent statements made AFTER miranda warnings are admissible UNLESS a previous statement was obtained through the use of inherently coercive police tactics offensive to due process
3. Limitations 3: statements in violation of Miranda may be used to impeach D on cross-examination