Exclusionary Rule

Question 1

Exclusionary Rule Definition and Effect of Rules Application

Answer 1

Exclusionary Rule is a judge made doctrine that prohibits introduction of evidence obtained in violation of a defendant’s Fourth, Fifth, and Sixth Amendment rights.

EFFECT OF APP: Unconstitutionally obtained evidence is inadmissible at trial, and all “fruit of the poisonous tree” must also be excluded UNLESS the costs of excluding the evidence outweigh the deterrent effect exclusion would have on police

Question 2

Exceptions to Exclusionary Rule (Evidence still admissible even when obtained in violation of right)

Answer 2

Fruits/evidence derived from statements obtained in violation of Miranda,
Evidence obtained from a source independent of the original illegality, an
Intervening act of free will by the Defendant, inevitable discovery,
Violations of the knock and announce rule, and
Good Faith (belief acting pursuant to a valid warrant etc) erroneous reliance on invalid arrest or search warrant, or law.

Question 3

Limitations on the Exclusionary Rule

Answer 3

Inapplicable to grand juries (unless evidence obtained in violation of FED wiretapping statute, parole revocation proceedings, civil proceedings, or where evidence was obtained contrary only to state law or agency rules.

Question 4

Use of Excluded Evidence for Impeachment Purposes

Answer 4

Voluntary confession taken in violation of the Miranda requirements is admissible for impeachment purposes, and
evidence obtained from an illegal serach may be used by the prosecution to impeach defendant’s, but not others’ statements.

Question 5

Harmless Error Test

Answer 5

If illegal evidence is admitted a resulting conviction should be overturned on appeal UNLESS the government can show:

1. Beyond a reasonable doubt
2. That the error was harmless

In habeas corpus proceeding Petitioner should be released if can prove the error:
1. had a substantial and injurious effect or influence in jury’s verdict

Note: Doesn’t apply to denial of right to counsel at trial, this error is NEVER harmless

Question 6

General Considerations/Enforcement

Answer 6

• D entitled to have admissibility determined by a judge as a matter of law outside presence of jury
• Gov’t bears the burden of establishing the admissibility by a preponderance of the evidence.
• D may testify at suppression hearing w/ out testimony being admitted against him at trial on the issue of guilt