Exclusionary Rule Flashcards
What is the exclusionary rule?
Judge-made doctrine prohibiting introduction of evidence obtained in violation of a defendant’s 4A, 5A, and 6A rights. All such evidence is inadmissible at trial and all fruits of the poisonous tree (further evidence obtained from exploitation of the unconstitutionally obtained evidence) will be excluded. The evidence is inadmissible unless the costs of excluding outweigh the deterrent effect of police I=misconduct
What are the exceptions to the fruit of the poisonous tree doctrine?
Doesn’t apply to:
(1) fruits derived from statements obtained in violation of miranda
(2) evidence obtained from a source independent of the original illegality
(3) evidence for which the connection between the unconstitutional conduct and the evidence is attenuated (consider whether the violation was purposeful/flagrant) or interrupted by intervening circumstance breaking the causal link
(4) inevitable discovery (would have discovered regardless of constitutional violation)
(5) violation of knock and announce rule
What are the limitations on the exclusionary rule’s application?
Doesn’t apply to grand juries, civil proceedings, parole revocation proceedings, or to violations of state law or internal agency rules
What are the exceptions to the exclusionary rule?
(1) evidence obtained in good faith reliance on law, defective search warrant, or clerical error
(2) evidence used for impeachment purposes (may be used to impeach defendant’s but not other’s statements or credibility)
(3) knock and announce rule
What is the test for the consequences of erroneous admission of evidence in violation of the exclusionary rule?
Harmless error – resulting conviction overturned on appeal unless the government can show beyond a reasonable doubt that the error was harmless (harmless error will never apply to denial of right to counsel AT TRIAL)
What test is applied when a petitioner claims constitutional error in a habeas proceeding?
Released if they can show the error had a substantial and injurious effect or influence in determining the jury verdict, if judge has grave doubt as to harm, petition must be granted
How is the exclusionary rule enforced?
A defendant is entitled to have the judge determine the admissibility of evidence out of the hearing of the jury. Government has the burdening of establishing admissibility by preponderance. Defendant has the right to testify at a suppression hearing without their testimony being admitted against them at trial on the issue of guilt.
