Exclusionary Rule**

Question 1

Exclusioanry Rule

Answer 1

Unconstitutionally obtained evidence generally excldued at trial

Question 2

Fruit of the Poisonous Tree

Answer 2

Evidence obtained from exploitation of unconstitutionally obtained evidence. Also generally excluded.

Question 3

Fruit Exceptions

Answer 3

Can still be admissible if:
1) Fruits derived from statements in violation of miranda (non-statement evidence, no miranda was not purposeful)

2) evidence obtained from independent source

3) Attenuation: causal link between police misconduct and evidence is broken

4) D’s intervening act of free will

5) Inevitable discovery

6) Violation of knock and announce rule

Question 4

Three INS that make evidence admissible (breakign the chain)

Answer 4

Independent Source
Intervening act of free will
Inevitable discovery

Question 5

Live Witness Tesetimony

Answer 5

Difficult to exclude

Question 6

In court ID

Answer 6

D may not exclude a witnesses in-court ID on the ground that it isthe fruit of an unlawful Detention

Question 7

Limitations on exlcusionary rule

Answer 7

1) Inapplicable to grand juries (unless violation of fed wiretapping stautes);

2) parole revocation proceedings;

3) civil proceedings;

4) where eivendece was obtained contrary only to state law or agency rules

5) Good faith reliance on law; defective search warrant; clerical error

Question 8

Good faith exception Exceptions

Answer 8

1) Affadavit so lacking in PC that no reasonable officer would rely on it

2) affadavit so lacking in particularity that no reasonable officer would rely on it

3) Officer or prosecutory lied/misled magistrate when seeking warrant

4) Magistrate is biased

Question 9

Use of excluded evidence for impeachment purposes

Answer 9

May be used to impeach credibility if they take stand at trial:

1) voluntary confession taken in violation of Miranda
2) Evidence obtained from an illegal search (just Ds, not others)

Question 10

Harmless Error Test

Answer 10

If illegal evidence admitted, conviction should be overturned on appeal unless gov can show BEYOND REAONSBLE DOUBT that error was harmless

Never applies to the denial of RTC at trial

Question 11

Enforcment

Answer 11

D enetitled to have it decided by a judge out of hearing of the jury

Gov bears burden: establish admissibility by preponderance of evidence