Exclusionary Rule

Question 1

What is the exclusionary rule?

Answer 1

Applies to: 4th, 5th, 6th amendment rights

1. evidence obtained in violation of D’s rights is not admissible at trial
2. “fruit of the poisonous tree” is not admissible at trial UNLESS
   (i) costs of excluding evidence;
   (ii) outweighs deterrent effect exclusion may have on police

Question 2

What are the exceptions to exclusion of “fruit of the poisonous tree” (5) ?

Answer 2

1. non-testimonial fruit obtained from miranda violation (see special rule)
2. evidence obtained from source INDEPENDENT of illegality
3. evidence for which connection between unconstitutional conduct and evidence is REMOTE
4. “INEVITABLE DISCOVERY” - pros can show police would have discovered evidence anyway absent the unconstitutionallity
5. violations of KNOCK AND ANNOUNCE rule

NOTE –> D may not exclude witness’s in-court ID on ground that it is fruit of unlawful detention

Question 3

When is exclusionary rule inapplicable?

Answer 3

1. grand juries, civil proceedings, parole revocation hearings, internal agency hearings
2. Good Faith Reliance on Law, Defective Search Warrant, or Clerical Error
3. Impeachment purposes (if it doesn’t violate DP)
4. Knock and announce violations

Question 4

What is the effect if illegal evidence is admitted?

Answer 4

“harmless error test” - Resulting conviction should be overturned on appeal, UNLESS:
- gov can show BEYOND REASONABLE DOUBT that error was harmless

NOTE –> harmless error standard NEVER applies to denial of right to counsel at trial.