Exclusionary Rule Flashcards
Exclusionary Rule- in general
judge-made doctrine that prohibits the introduction, at a criminal trial, of evidence obtained in violation of a defendant’s Fourth, Fifth, or Sixth Amendment rights
fruit of the Poisonous Tree
generally, not only must illegally obtained evidence be excluded, but also all evidence obtained or derived from exploitation of that evidence.
Limitations- fruits derived from Miranda violations
the fruits derived from statements obtained in violation of Miranda may be admissible despite the exclusionary rule
Exceptions to fruit of the poisonous tree
- independent source
- attenuation (intervening act or circumstance)
- inevitable discovery
- live witness testimony
- in-court identification
- out-of-court identifications
independent source
(exception to FOPT)
evidence is admissible if the prosecution can show that it was obtained from a source independent of the original illegality
attenuation
(exception to FOPT)
if the connection between unconstitutional police conduct and the evidence is remote or has been interrupted by some intervening circumstance, so that the causal link between the police misconduct and the evidence is broken, the evidence will not be suppressed.
inevitable discovery
(exception to FOPT)
if the prosecution can show that the police would have discovered the evidence whether or not they had acted unconstitutionally, the evidence will be admissible.
live witness testimony
(exceptions to FOPT)
the factors a court must consider in determining whether a sufficiently direct link exists include the extent to which the witness is freely willing to testify and the extent to which excluding the witness’s testimony would deter future illegal conduct
in-court identification
(exceptions to FOPT)
the defendant may not exclude the witness’s in-court identification on the ground that it is the fruit of an unlawful detention
out-of-court identification
unduly suggestive out-of-court identifications, arranged by police, that create a substantial likelihood of misidentification
limits on the exclusionary rule
- inapplicable to grand juries
- inapplicable to civil proceedings
- inapplicable to violations of state law
- inapplicable to internal agency rules
- inapplicable in parole revocation proceedings
- good faith exception
- use of excluded evidence for impeachment purposes
- knock and announce rule violations
knock and announce rule violation
exclusion is not an available remedy for violations of the knock and announce rule pertaining to the execution of a warrant. the exclusionary remedy is too attenuated from the purposes of the knock and announce rule of protecting human life and limb, property, privacy, and dignity.
use of excluded evidence for impeachment purposes
some illegally obtained evidence that is inadmissible in the state’s case in chief may nevertheless be used to impeach the defendant’s credibility if he takes the stand at trial
- voluntary confessions in violation of miranda
- fruit of illegal searches
goof faith exception to the exclusionary rule
the exclusionary rule does not apply when the police arrest or search someone erroneously but in good faith, thinking that they are acting pursuant to a valid arrest warrant, search warrant, or law.
exceptions to good faith reliance on search warrant (exception to the exclusionary rule)
- the affidavit underlying the warrant is so lacking in probable cause that no reasonable police officer would have relied on it;
- the warrant is defective on its fact (e.g., it fails to state with particularity the place to be searched or the things to be seized);
- the police officer or government official obtaining the warrant lied to or misled the magistrate; or
- the magistrate has “wholly abandoned his judicial role”
