Exclusionary Rule Flashcards
Execlusionary Rule
Prohibits the introduction of evidence obtained in violation of D’s constitutional rights in a crimianl trial
Fruit of the poisonous tree doctrine
Evidence derived or obtained from illegal govt. conduct is execudable agaisnt D.
- Arises when illegal police action leads to evidence.
Fruit of the poisonous tree doctrine
Exceptions
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.
Fruit of the poisonous tree doctrine
Exceptions
Independent Source
Govt. has an independent source for obtaining the evidence, i.e., independent from the origional illegality
Fruit of the poisonous tree doctrine
Exceptions
Inevitable discovery
Govt. would have discovered illegally derived eveidence even without illegal conduct
Fruit of the poisonous tree doctrine
Exceptions
Intervening acts of free will by D
After initial illegality, D led police to the evidence by his own free will
Fruit of the poisonous tree doctrine
Exceptions
Attenuation
Where evidence challenged is too remote and attenuated from unlawful search or seizure
Remedy for execlusionary rule violation
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.
Limitations on the execlusionary rule
The execlusionary rule applies only to searches in violation of a federal statute of the U.S. Constitution.
Execlusionary rule does not apply to:
- Grand jury proceedings, civil proceeding, parole hearings, or adminstrative cases.
- Violations of the know and announce rule in executing search warrants
- Evidence seized as a result of Miranda violations.
Execluded Evidence and Impeachment
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)
Govt. good-faith defenses to the exclusionary rule
Illegally obtained evidence will not be execluded if the givt’ demonstrates that it relied in good faith on either:
- A reasonably relied upon but defective search warrant
- A judicial opinion or statute that was later changed or declared invalid.