Exclusionary rule Flashcards
1
Q
Identify the exclusionary rule
A
A judicially created remedy that which results in the suppression of evidence which has been derived of an illegal search.
2
Q
Tainted evidence is subject to exclusion when?
A
When the defendant shows the evidence was obtained illegally through a search.
3
Q
Identify three primary examples of fruit of the poisonous tree
A
Physical evidence, Identification evidence, verbal evidence.
4
Q
Proceedings to which the exclusionary rules apply
A
Independent source, inevitable discovery, Attenuation.
5
Q
What is derivative evidence
A
Fruit of the poisonous tree
6
Q
Define the good faith exception
A
Officer acting in reasonable reliance of a search warrant.