Exclusionary Rule Flashcards
general exclusionary rule
someone who has been victim of an illegal search or coerced into a confession can have the product of hte illegal search or coerced statement excluded from any crim proceedings.
where does exclusionary rule not apply?
i. e. where can you not invoke this exclusionary rule?
1. grand jury proeddings
2. civil proceedings
3. parole revocation
4. impeachment (all illegally seized evidcen can be admitted to impeach DEFENDANT ONLY)
5. violation of the knock and announce rule
fruit of the poisonous tree
will exclude all illegally seized evidence but also exclude all evidence obtained or derived from police illegality
not apply to Miranda exceptions unless police act in bd faith
exceptions to ezxclusion and the fruit of the poisonous tree
3 ways the government can break the chain an dmake inadmissible evidence admissible
- show that cops had indpeepdnet soruce fo rthe evidence, independent of cop illegality
- invevitable discovery - cpos would have inevitably discovered anyway
- intervening act of free will by D
live witness testimony and poison tree
can’t really exclude
in court ID and poison tree
can’t exclude in court ID
good faith exception
officer’s good faith reliance on an invalid arrest or search warrant overcome defects w/ the prbable cause particularity requirements
FOUR EXCEPTIONS
- affidavit undelrying the warrant is so lack in PC no reasonable cop could have relied
- affidavit undelrying the warrant is so lack in particularity no reasonable cop could have relied
- cops or proecutor lied to or misled magristate to get warrant
- if magistrate is biasd
harmless error rule
convction will not necessarily be overtained b/c improperly obtained evidence was admitted on trial
HARMLESS ERROR TEST on appeal
conviction will be upheld if the convition would have resulted despite the improer evidece
Gov bears burden of showing beyond a reasonable doubt admission was harmeless
