Exclusionary Rule

Question 1

Exclusionary Rule

Answer 1

Prohibits introduction of evidence obtained in violation of a D’s Fourth, Fifth, and Sixth Amendment rights

Illegal searches or coerced confessions

Question 2

Fruit of the Poisonous Tree

Answer 2

Evidence obtained from the exploitation of unconstitutionally obtained evidence must be excluded unless the costs of excluding the evidence outweigh the deterrent effect exclusion would have on police misconduct

DOES NOT apply frutis deried from statements that violate Miranda, unless police acted in bad faith in obtaining such info

Question 3

Fruit of Poisonous Tree Exceptions

Answer 3

“Three I’s of Breaking the Chain”

(1) government shows INDEPENDENT SOURCE for the evidence, independent of the police illegality
(2) INEVITABLE discovery: police would have inevitably discovered this evidence anyway
(3) INTERVENING ACTS OF FREE WILL on the part of the D .(e.g. D is illegally arrested but is released and comes back later to confess)

Question 4

Limits on Exclusionary Rule

Answer 4

(1) does not apply to GRAND JURY proceedings. Grand jury witness may be compelled to testify based on illegally seized evidence
(2) CIVIL PROCEEDINGS: exclusionary rule is not a remedy
(3) PAROLE REVOCATION PROCEEDINGS: not a remedy
(4) IMPEACHMENT purposes: evidence may still be used for this
(5) KNOCK AND ANNOUNCE: exclusion is not an available remedy for violations of the knock and announce rule

Question 5

Harmless Error

Answer 5

Conviction not necessarily overturned b/c improperly obtained evidence was admitted at trial.

The Rule: Conviction will be upheld if the conviction would have resulted despite the improper evidence