Exclusionary Rule Flashcards
IF someone has been the victim of _______________________ or a _________________ they can seek to have the products of that illegal search or their coerced statement excluded from a subsequent criminal trial.
Illegal search
Coerced confession
Exclusion does/doesn’t apply to grand jury proceedings.
Doesn’t
Exclusion is/isn’t available in civil proceedings.
Isn’t
Exclusion is/isn’t available in parole revocation proceedings.
Isn’t
Exclusion does/doesn’t apply to excluded evidence for impeachment purposes.
Doesn’t
Can evidence obtained in violation of Miranda be used to impeach?
Yes
T or F? The prosecution may use otherwise excluded evidence to impeach defense witnesses other than the defendant.
False
Exclusion is/isn’t an available remedy for violations of the knock and announce rule in the execution of search warrants.
Isn’t
Explain the fruit of the poisonous tree doctrine.
Doctrine will serve to exclude not only illegally seized evidence, but all evidence obtained or derived from police illegality.
The Fruit of the Poisonous Tree Doctrine will NOT apply to Miranda Violations unless . . .
the police act in bad faith in obtaining such information
What are three ways in which the gov’t can break the chain between an original unlawful police action and some supposedly derived piece of evidence?
Gov’t can she that it had an independent source for that evidence
Gov’t can that show discovery of that evidence was inevitable
Gov’t can show intervening acts of free will on the part of the D.
How do we remember the three ways in which the gov’t can break the chain between an original unlawful police action and some supposedly derived piece of evidence?
Three I’s of breaking the chain:
Independent Source
Inevitability
Intervening Acts
What test will courts use when a conviction has been the result of improperly obtained evidence?
Harmless error.
Under the harmless error test, a conviction will be upheld is the conviction . . .
Would have resulted despite the improper evidence.
