Exclusionary Rule

Question 1

What type of hearings/proceedings does the exclusionary rule not apply?

Answer 1

• grand jury or civil proceedings;
• pre-trial/preliminary hearings;
• Sentencing; and
• probation and parole revocation hearings

Question 2

When can a prosecutor use evidence previously excluded on 4th Amendment grounds?

Walder v. U.S. (1954)

Answer 2

When a Defendant testifies and the prosecutor uses the evidence to impeach his testimony

Question 3

True or False:
Police may make indirect use of evidence obtained by 4th Amendment violations, or support a conviction on evidence obtained through leads from unlawfully obtained evidence

Answer 3

False! Silverthorne Lumber Co. v. U.S. (1920)

Question 4

What is the independent source doctrine?

Murray v. U.S. (1988)

Answer 4

Evidence that is initially discovered unlawfully and then later obtained independently is admissible (exclusionary rule doesn’t apply)

Question 5

What is the inevitably doctrine?
(Nix v. Williams)

Answer 5

If a prosecutor can establish that the evidence inevitably would have been discovered by lawful means, then the evidence should be admissible