exclusionary rule

Question 1

Effect of the exclusionary rule

Answer 1

barred any materials or statements obtained as a direct result of an unlawful search.

Question 2

Fruit of the poisonous tree (derivative evidence rule)

Answer 2

excluding evidence that stemmed from the primary illegality. Evidence, which they would not otherwise have located, but for any illegal action

Question 3

Exceptions to the exclusionary rule

Answer 3

Good Faith, Attenuation, Inevitable Discovery, Independent Source

Question 3

Good faith exception

Answer 3

allows use of evidence where a search warrant contains a technical error that doesn’t violate a fundamental constitutional rights of the suspect.

Where the warrant appears to be valid at the time of execution

Question 4

Where does the exclusionary rule not apply?

Answer 4

• No standing
• No REP
• non-crim proceedings
• grand juries
• Forfeiture

Question 5

Attenuation

Answer 5

When a significant period of time goes by between the improper conduct & the new evidence.

Question 6

Considerations for attenuation

Answer 6

temporal proximity, presence of intervening circumstances, & purpose/flagrancy of the official misconduct

Question 7

Inevitable discovery

Answer 7

If the challenged evidence would certainly have been discovered by legitimate police efforts, it would be admissible.

Question 8

Independant source

Answer 8

If a second, proper source, leads to the discovery the evidence at the same time & the proper source is independent (not tainted by improper conduct) the evidence is admissible.

Question 9

WHo has the burden to prove primary illegality for the exclusionary rule?

Answer 9

The defendnat

Question 10

Step-by-Step analysis for FOPT

Answer 10

1. Does D have standing to challenge the original violation?
   2. Did the original police activity violate D’s rights
   Was the evidence sought to be admitted against D obtained as a result of the original violation?