Exclusionary Rule

Question 1

Exclusionary Rule

Answer 1

Prohibits introduction at a criminal trial of evidence obtained in violation of D’s 4th, 5th, or 6th Amendment rights

Question 2

Scope of Rule

Answer 2

Illegally obtained evidence must be excluded, and all evidence obtained or derived therefrom

Question 3

Exceptions to the Rule

Answer 3

Fruits derived from statements obtained in violation of Miranda; Independent source; intervening act; inevitable discovery, live W testimony, in-court ID, OOC ID

Question 4

Ltns of the Rule

Answer 4

Inapplicable to grand juries, civil proceedings, state law violations, internal agy rules, parole revocation proceedings, or searches in GF
*May still use for impeachment!

Question 5

Harmless Error Test

Answer 5

Conviction wont be overturned merely because improperly obtained evid was adm at trial; a conviction can be upheld if the conviction would be resulted depite the improper evidence (gov must show BARD that admission was harmless)