Exclusionary rule

Question 1

What is the exclusionary rule?

Answer 1

Remedy of American constitutional procedure whereby someone who has been the victim of illegal SEARCH or a coerced CONFESSION can have product of that illegal search or coerced confession excluded from any subsequent criminal prosecution

Question 2

Limitations of rule: doesn’t apply to…

Answer 2

• grand jury proceedings (grand jury witness may compelled to testify based on illegally seized evidence)
• civil proceedings
• parole revocation proceedings
• impeachment purposes (impeach credibility of D’s trial testimony, but not testimony of other defense witnesses) (including Miranda violations)
• violations of Knock and Announce rule in execution of search Ws

Question 3

Fruit of the Poisonous Tree doctrine

Answer 3

This doctrine will not only exclude illegally seized evidence, but will also exclude ALL evidence obtained or derived from policy illegality

Question 4

Fruit of the Poisonous Tree doctrine does NOT apply to…

Answer 4

Miranda violations UNLESS police act in bad faith in obtaining such info

Knock and Announce rule violations

Question 5

Fruit of the Poisonous Tree doctrine: 3 ways gov’t can break chain b/w original unlawful police action and some supposedly derived piece of evidence (so that it is admissible)

Answer 5

3 “I”s: gov’t show…

(1) had Independent source for that evidence, independent of police illegality
(2) Inevitable discovery: police would have inevitably discovered this evidence anyway
(3) Intervening acts of free will on part of D (ex. illegally arrested, released, then D confess)

Question 6

Exclusionary rule & convictions: Will a conviction be overturned b/c improperly obtained evidence was admitted at trial?

Answer 6

Not necessarily

On appeal, court will apply the harmless error test: if illegally obtained evidence was admitted, conviction will be overturned on appeal unless it was a harmless error (meaning the conviction would have resulted despite the improper evidence, meaning the court will uphold the conviction)

Question 7

What’s the function of a grand jury proceeding?

Answer 7

consider evidence to determine whether there is PC to indict

Question 8

Is illegally seized evidence admissible in grand jury proceeding?

Answer 8

Yes

Question 9

What’s the appropriate vehicle to test constitutionality (PC) of a seizure?

Answer 9

pre-trial motion (not at grand jury proceeding)