Exclusionary rule Flashcards
What is the exclusionary rule?
A judicially created remedy that results in suppression of illegally obtained evidence
Which three court cases helped create the exclusionary rule?
Boyd v U.S.
Weeks v U.S.
Mapp v Ohio
What is derivative evidence?
Evidence that is directly connected to primary evidence
What is “fruit of the poisonous tree”?
Illegally obtained evidence and illegal police activity
What are three types of primary evidence that might be suppressed?
Physical evidence; identification evidence; verbal evidence
What are three government defenses to “tainted evidence”?
Independent source
Inevitable discovery
Attenuation
Independent source
For example, if police illegally enter a home and find evidence, but later obtain the same evidence through a valid search warrant, the evidence is admissible.
Inevitable discovery
Evidence acquired by an illegal search would have been obtained by legal means
Attenuation
allows evidence obtained through illegal means to be admissible in court if the connection between the evidence and the illegal means is sufficiently remote.
A totality of circumstances is used when considering the following….
Time frame between evidence and illegality; intervening circumstances; purpose of misconduct
What is the good faith exception?
Created in 1984; not to bar the use of evidence obtained by officers acting in reasonable reliance on a search warrant that later found to be unsupported by probable cause
Example of good faith exception
Officer obtains evidence on a warrant that later is found to be defective because of the judge
An officers reliance on a warrant is unreasonable if ?
The judge was misled; the judge abandoned his judicial role; there was no probable cause; the affidavit was facially deficient
