Exclusionary Rule

Question 1

What is the exclusionary rule?

Answer 1

Judge-made doctrine that prohibits the introduction, at a criminal trial, of evidence obtained in violation of a ∆’s 4th, 5th, or 6th Amendment rights

Question 2

Scope of the exclusionary rule

Answer 2

Applies to:

illegally obtained evidence

AND

all evidence obtained or derived from exploitation of that evidence (possibly admissible: fruits of statements obtained in violation of Miranda)

Question 3

Balancing test for whether lower courts should apply exclusionary rule

Answer 3

Rule’s purpose (deterrence of police misconduct)

vs.

Costs (exclusion of probative evidence)

Question 4

Independent source defense to exclusionary rule?

Answer 4

Evidence is admissible if the prosecution can show that it was obtained from a source independent of original illegality

Question 5

Attentuation exception to exclusionary rule?

Answer 5

If connection b/w unconstitutional police conduct and evidence is too remote or has been interrupted by some intervening circumstance so that causal link is broken, evidence will not be suppressed

Considerations:

1. Temporal proximity b/w unconstitutional conduct and illegal evidence
2. Presence of intervening circumstances
3. Purpose and flagrancy of the misconduct

Question 6

Defenses/exceptions to exclusion of tainted evidence

Answer 6

1. Independent source
2. Attenuation–intervening act or circumstance
3. Inevitable discovery
4. Live witness testimony, if freely willing to testify, excluding would not deter future illegal conduct
5. In-court identifications NEVER excluded as fruit of unlawful detention
6. Out-of-court identifications excluded ONLY if unnecessarily suggestive circumstances were arranged by the police

Question 7

When will the Court consider applying the exclusionary rule to out-of-court identifications?

Answer 7

When the circumstances were unduly suggestive and arranged by the police

Question 8

When may a grand jury witness refuse to answer grounds on the ground that they are based on evidence from unlawful search and seizure?

Answer 8

ONLY if evidence was obtained in violation of federal wiretapping statute

Question 9

When does exclusionary rule apply to violations of state law?

Answer 9

Never

Question 10

What cases are subject to exclusionary rule?

Answer 10

Criminal cases based on violations of Constitution or federal law

Question 11

What is the good faith exception to the exclusionary rule?

Answer 11

Does not apply when the police arrest or search someone erroneously but in good faith, thinking they are acting pursuant to a valid arrest warrant

Question 12

A police officer cannot rely on a defective search warrant if:

Answer 12

1. Affidavit underlying warrant is so lacking in PC that no reasonable police officer would’ve relied on it
2. Warrant is defective on its face
3. Police officer or gov official obtaining warrant lied to or misled magistrate; or
4. Magistrate has “wholly abandoned his judicial role”

Question 13

Harmless error test for overturning based on improperly obtained evidence

Answer 13

On appeal, gov must show beyond a reasonable doubt that the admission was harmless

Question 14

Harmless error standard in habeas corpus proceeding

Answer 14

Petitioner must be released if the error had substantial and injurious effect or influence in determining jury verdict

Question 15

Burden of proof in motion to suppress

Answer 15

Gov bears burden of establishing admissibility by a preponderance of the evidence

Question 16

Procedure for determining admissibility of evidence

Answer 16

∆ is entitled to have admissibility decided as a matter of law by a judge out of the hearing of the jury