Exclusionary Rule Flashcards
What is the Exclusionary Rule?
The Exclusionary Rule provides that improperly obtained evidence is inadmissible in a criminal prosecution to establish the defendant’s guilt.
What is the rule from Weeks v. United States?
When the Police exceed their constitutional authority in conducting a search, then that search must be null and void.
What is the rule Mapp v. Ohio?
The Exclusionary Rule also applies to state courts and state crimes.
What are the two requirements for the Exclusionary Rule to be applicable?
(1) A violation of the suspect’s constitutional rights;
(2) No applicable exception
What can be excluded under the Exclusionary Rule?
(1) Direct Evidence
(2) Fruit of the Poisonous Tree
What is Direct Evidence (within the context of the Exclusionary Rule)?
Direct Evidence is evidence that is directly derived from the violation.
What is Fruits of the Poisonous Tree?
Evidence that is derived as a result of having come across the illegally obtained evidence.
What are the four exceptions to the Exclusionary Rule?
(1) Good Faith Exception
(2) Independent Source Doctrine
(3) Rule of Attenuation
(4) Inevitable Discovery Doctrine
What is the Good Faith Exception?
The Good Faith Exception applies when officers conduct a search or seizure with “objectively reasonable reliance” on a warrant that is not obviously invalid, but that a judicial magistrate should not have signed.
Does the Good Faith Exception apply when the judge was misled by false information that the affiant knew was false?
No. If the judge was misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard for the truth, then the Good Faith Exception does not apply.
What is the Independent Source Doctrine exception?
The Independent Source Doctrine exception permits the introduction of evidence that was initially discovered during or as a result of an unlawful search but was later obtained independently by lawful conduct that was untainted by the initial illegality.
What is the Rule of Attenuation Exception?
If enough time passes to break the causal relationship or if an intervening event breaks the causal relationship, the evidence may still be admissible.
What is the Inevitable Discovery Doctrine Exception?
Admission of evidence that was discovered in an unlawful search or seizure if it would have be discovered in the same condition anyway, by an independent line of investigation that was already being pursued when the unlawful search or seizure occurred.
What if Police discover tangible evidence based on unmirandized statements?
That evidence is admissible against the Defendant.
Can you use unmirandized statements for impeachment?
Yes, you can use unmirandized statements for impeachment.
