Exclusionary Rule Flashcards
What is the exclusionary rule?
Remedy for violations of due process, right to an attorney, etc.
When evidence is improperly or illegally obtained it is inadmissible in criminal proceedings to prove the guilt of the defendant
For what improper procedure does the exclusionary rule apply?
Illegal searches
Illegal interrogations (no Miranda, coercive)
Illegal seizures (no warrant, no felony PC, etc.)
Illegal wiretapping
What is the test for whether the exclusionary rule applies?
1.) The defendants rights were violated
2.) None of the exceptions apply
What evidence can be excluded pursuant to the exclusionary rule?
1.) Direct evidence – information directly obtained as a result of the improper investigation
2.) Derivative evidence – fruit of the poisonous tree, evidence that LE finds as a result of the direct improper evidence that they otherwise would not have found (I.e. if police do an improper search of an individual where they find drugs which provides the PC for a later proper warrant for a search of that individual’s home)
What are the four basic exceptions to the exclusionary rule?
1.) Good faith exception
2.) Independent source doctrine
3.) Rule of attenuation
4.) Inevitable discovery
What is the good faith exception?
Applies where LE execute a warrant that they had an objectively reasonable reliance on, but otherwise should not have been issued ((i.e. issued by judge even though its stale or otherwise insufficient))
When does the Good faith exception NOT APPLY?
1.) When the affiant purposely mislead the judge with false information (even if the warrant isnt executed by the affiant)
2.) when the mistake was that LE didn’t think they needed a warrant to perform the search (i.e. no warrant exists)
What is the inevitable discovery doctrine?
Exception to the exclusionary rule when the improperly discovered evidence would have been discovered in the same condition anyways by an independent line of investigation ALREADY BEING PURSUED when the unlawful search or seizure occurred.
Does the inevitable discovery doctrine only apply if the independent line of investigation is conducted by LE?
No. So long as the evidence was going to be discovered by SOMEONE and reported to LE
What is the rule of attenuation?
Exception to the exclusionary rule where passage of time or intervening event breaks the causal relationship between the illegal activity and the evidence.
I.e. months later the evidence is discovered during a lawful search OR illegal seizure but the defendant punches the cop
What is the independent source doctrine?
Exception to the exclusionary rule where evidence initially discovered during unlawful activity is later obtained by lawful activity UNTAINTED by the initial unlawful activity.
(i.e. after the searching premises pursuant to invalid warrant, police obtain valid warrant based on probable cause from a completely different source)
What is the expanded independent source doctrine?
Partially tainted warrant is upheld if the there is still probable cause to issue when removing the tainted information
What are some specific exceptions to the exclusionary rule?
1.) Mirana violation (1) only applies to statements not physical evidence, (2) can used impermissibly obtained statements to confront defendant credibility if they testify
2.) Cross examination – can be used on cross examination to attack credibility of defendant if they testify
3.) Private party doctrine - does not apply to evidence gathered by completely private parties not acting on behalf of the government
4.) knock and announce rule - evidence gathered in violation of knock and announce rule is completely permissible
