Exclusionary Rule Flashcards

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1
Q

Execlusionary Rule

A

Prohibits the introduction of evidence obtained in violation of D’s constitutional rights in a crimianl trial

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2
Q

Fruit of the poisonous tree doctrine

A

Evidence derived or obtained from illegal govt. conduct is execudable agaisnt D.

  • Arises when illegal police action leads to evidence.
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3
Q

Fruit of the poisonous tree doctrine

Exceptions

A

Illegally obtained evidence is admissible if govt. can break the chain between the illegal govt. conduct and the seized evidence; four ways to break the chain.

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4
Q

Fruit of the poisonous tree doctrine

Exceptions

Independent Source

A

Govt. has an independent source for obtaining the evidence, i.e., independent from the origional illegality

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5
Q

Fruit of the poisonous tree doctrine

Exceptions

Inevitable discovery

A

Govt. would have discovered illegally derived eveidence even without illegal conduct

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6
Q

Fruit of the poisonous tree doctrine

Exceptions

Intervening acts of free will by D

A

After initial illegality, D led police to the evidence by his own free will

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7
Q

Fruit of the poisonous tree doctrine

Exceptions

Attenuation

A

Where evidence challenged is too remote and attenuated from unlawful search or seizure

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8
Q

Remedy for execlusionary rule violation

A

Harmless error review

  • For admission of illegally-seized evidence to be upheld on appeal, the govt. must show that it was harmless beyond a reaosnable doubt.
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9
Q

Limitations on the execlusionary rule

A

The execlusionary rule applies only to searches in violation of a federal statute of the U.S. Constitution.

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10
Q

Execlusionary rule does not apply to:

A
  1. Grand jury proceedings, civil proceeding, parole hearings, or adminstrative cases.
  2. Violations of the know and announce rule in executing search warrants
  3. Evidence seized as a result of Miranda violations.
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11
Q

Execluded Evidence and Impeachment

A

Confessions resulting from Miranda violations or illegally obtained evidence may be used to impeach D’s testimony at trial (but only D’s testimony, not all testimony)

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12
Q

Govt. good-faith defenses to the exclusionary rule

A

Illegally obtained evidence will not be execluded if the givt’ demonstrates that it relied in good faith on either:

  1. A reasonably relied upon but defective search warrant
  2. A judicial opinion or statute that was later changed or declared invalid.
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