Exclusionary rule

Question 1

Exclusionary rule

Answer 1

Evidence obtained in violation of 4th, 5th, 6th Amendment is inadmissible in trial, and any fruits of the poisonous tree must also be excluded.

Question 2

Limitations on exclusion

Answer 2

1. does not apply to grand jury proceedings
   
   1. grand jury W may be compelled to testify based on illegally seized E
2. not available in civil proceedings
3. not availabel in parol revocation proceedings
4. does not apply to use of excluded E fro impeachment purposes
   
   1. All illegally seized E may be admitted to impeach the credibilty of D’s trial testimony
   2. only D’s trial testimony, not other defense Ws
5. violation of knock and announce rule

Question 3

Fruits of the poisonous tree

Answer 3

1. Doctrine excludes not only illegally seized E, but all E obtained or derived from police illegality
2. Does not apply to miranda violations unless police acted in **bad faith **
3. three ways police can break the chain (III):
   
   1. independant source from original illegality
   2. intervening act of free will
   3. inevitable discovery

Question 4

The exclusionary rules and convictions