Exclusionary Rule

Question 1

Scope of Rule

Answer 1

The exclusionary rule is a judge-made doctrine that prohibits introduction of evidence obtained in violation of a D’s 4th, 5th, and 6th amendment rights.

Under the rule, unconstitutionally obtained evidence is inadmissible at trial, and all “fruit of the poisonous tree” must also be excluded unless the costs of excluding the evidence outweigh the deterrent effect exclusion would have on police misconduct.

Question 2

Fruit of Poisonous Tree

Answer 2

evidence obtained from exploitation of the unconstitutionally obtained evidence

Question 3

Exceptions to Fruit of the Poisonous Tree

Answer 3

The fruits derived from statements obtained in violation of Miranda (purposeful v. unpurposeful)

Evidence obtained form a source independent of the original illegality

Attenuation - causal link between police misconduct and evidence is broken (includes intervening acts of free will on part of the D)

Inevitable Discovery - the prosecution can show that the police would have discovered the evidence whether or not the police acted unconstitutionally.

Violations of the knock and announce rule.

Question 4

Scope of the Rule: Live Witness Testimony

Answer 4

It is difficult to have live witness testimony excluded on exclusionary rule grounds

Question 5

Scope of the Rule: In-Court Identification

Answer 5

A D may not exclude a witness’s in-court identification on the ground that it is the fruit of an unlawful detention.

Question 6

Scope of the Rule: Out-of-Court Identifications

Answer 6

Unduly suggestive out-of-court identifications that create a substantial likelihood of misidentification can violate Due Process Clause.

Whether identification procedure is unduly suggestive is on a case-by-case basis under the totality of the circumstances.

Court will not consider apply the exclusionary rule unless the unnecessarily suggestive circumstances were arranged by the police.

Question 7

Limitations on the Rule

Answer 7

Inapplicable to Grand Juries, Civil Proceedings, Violations of State Law, Internal Agency Rules, and Parole Revocation Proceedings.

Question 8

Limitations: Good Faith Reliance on Law, Defective Search, Warrant or Clerical Error

Answer 8

The exclusionary rule does not apply when the police arrest someone erroneously but in good faith thinking that they are acting pursuant to a valid arrest warrant, search warrant, or law.

Question 9

Exceptions to Good Faith Reliance on a defective warrant

Answer 9

1. The affidavit underlying that warrant is so lacking in PC that no reasonable police officer would have relied on it.
2. The affidavit underlying hte warrant is so lacking in particularity taht no reasonable officer would have relied on it.
3. The police officer or prosecutor lied to or misled the magistrate when seeking the warrant.
4. The magistrate is biased and therefore has wholly abandoned their neutrality.

Question 10

Use of Excluded Evidence for Impeachment

Answer 10

Some illegally obtained evidence may still be used to impeach the defendant’s credibility if they take the stand at trial.

Specifically, an otherwise voluntary confession taken in violation of the Miranda requirements is admissible for impeachment purposes, and evidence obtained from an illegal search may be used by the prosecution to impeach the defendant’s, but not other’s, statements.

Question 11

knock and announce rule violations

Answer 11

Exclusion is not an available remedy for violations of the knock and announce rule pertaining to the execution of a warrant.

Question 12

Harmless Error Test

Answer 12

If illegal evidence is admitted, a resulting conviction should be overturned on appeal unless the government can show beyond a reasonable doubt that the error was harmless.

Question 13

Enforcing the Exclusionary Rule

Answer 13

The government bears the burden of establishing the admissibility by a preponderance of the evidence.