Exclusionary Rule Flashcards
Exclusionary rule generally
Judge-made doctrine that prohibits introduction of evidence obtained in violation of a defendant’s fourth, fifth, and sixth amendment rights
Unconstitutionally obtained evidence is inadmissible at trial and all fruit of the poisonous tree (evidence obtained from exploitation of the unconstitutionally obtained evidence) must be excluded
- Unless costs of excluding evidence outweigh the deterrent effect exclusion would have on police misconduct
Exceptions
Exceptions to fruit of poisonous tree doctrine
Fruits derived from statements obtained in violation of Miranda
Evidence obtained from a source independent of the original illegality
Attenuation
Inevitable discovery
Violations of knock and announce rule
Attenuation - exception
Evidence will be admissible - exception to the fruit of poisonous tree
Evidence for which the connection between the unconstitutional police conduct and the evidence is remote or has been interrupted by some intervening circumstance, so that the causal link between misconduct and evidence is broken
Considers whether the misconduct was purposeful or flagrant
Includes intervening acts of free will on the part of the defendant
Inevitable discovery - exception
Evidence will be admissible - exception to the fruit of poisonous tree
The prosecution can show that the police would have discovered the evidence whether or not the police acted unconstitutionally
In-court identification and fruit
A defendant may not exclude a witness’s in court identification on the ground that it is the fruit of an unlawful detention
Out of court identifications and fruit
Unduly suggestive out-of-court identifications that create a substantial likelihood of misidentification can violate due process
Court will not consider applying the exclusionary rule unless the unnecessarily suggestive circumstances were arranged by the police
Exclusionary rule to grand juries, civil proceedings, parole, etc
Inapplicable to grand juries unless evidence was obtained in violation of the federal wiretapping statute
Inapplicable to parole revocation proceedings, in civil proceedings, or where evidence was obtained contrary only to state law or agency rules
Police arrest erroneously but in good faith
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
Four exceptions
Four exceptions to good faith reliance on defective warrant
Affidavit underlying that warrant is so lacking in probable cause that no reasonable police officer would have relied on it
Affidavit underlying the warrant is so lacking in particularity that no reasonable officer would have relied on it
The police or prosecutor lied to or misled the magistrate when seeking the warrant
The magistrate is biased and therefore has wholly abandoned their neutrality
Excluded evidence and impeachment
Some illegally obtained evidence may still be used at trial to impeach the defendant’s credibility if they take the stand
Otherwise voluntary confession taken in violation of Miranda is admissible for impeachment
Evidence obtained from an illegal search may be used by prosecution to impeach the defendant’s, but not others’, statements
Harmless error test
If illegal evidence is admitted, a resulting conviction should be overturned on appeal unless the government can show beyond reasonable doubt that the error was harmless
Upheld if it would have resulted despite the improper evidence
If judge in grave doubt as to the harm, petition must be granted
This never applies to denial of right to counsel at trial because error is never harmless
Determining whether to apply exclusionary rule
Defendant is entitled to have the admissibility of evidence or a confession decided as a matter of law by a judge out of the hearing of the jury
Gov bears burden of establishing the admissibility by a preponderance of the evidence
Def has right to testify at suppression hearing without their testimony being admitted against them at trial on the issue of guilt
