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

Fruit of the poisonous tree doctrine

Answer 2

Evidence dervied or obtained from illegal government conduct is excludable against D
* Arises when illegal police action leads to evidence

• Exceptions: illegally obtained evidence is admissible if government can “break the chain” between the illegal government conduct and the seized evidence; common ways to break the chain:
  1) Independent source: government had an idependent source for obtaining the evidence; i.e. independent from the original illegality
  2) Inevitable discovery: government would have discovered illegally derived evidence even without illegal conduct
  3) Attenuation: where evidence challenged is too remote and attenuated from unlawful search or seizure
  -Include intervening acts of free will by D
  -E.g. after initial illegality, D consciously leads police to the evidence

Question 3

Remedy for exclusionary rule violation

Answer 3

Harmless error review
-For admission of illegally seized evidence to be upheld on appeal, government must show that it was harmless beyond a reasonable doubt

Question 4

Limitations on the Exclusionary rule

Answer 4

The exclusionary rule applies only to searches in violation of a federal statute or the U.S. Constitution

Exclusionary rule does NOT apply to:
1) Grand jury proceedings, civil proceedings, parole hearings, or administrative cases
2) Violations of the “knock and announce rule” in executing search warrants
3) Evidence seized as a result of Miranda violations

Question 5

Exluded evidence and impeachment

Answer 5

Confessions resulting from Miranda violations or illegally obtained evidence may be used to impeach D’s testimony at trial
-But only D’s testimony

Question 6

Govt. good faith defenses to the exclusionary rule

Answer 6

Illegally obtained evidence will not be excluded if the govt. demonstrates that it relied in good faith on either:

a) A reasonably relied upon but defective search warrant, or
-Evidence seized via an invalid warrant obtained in good faith will be excluded in some situations

b) A judicial opinion or statute that was later changed or declared invalid