Exclusionary Rule

Question 1

What is the exclusionary rule?

Answer 1

A remedy of American constitutional procedure whereby someone who has been the victim of an illegal search or coerced confession can (among other remedies) have the product of that illegal search or that coerced statement excluded from any subsequent criminal prosecution.

Question 2

What are the limitations on exclusion?

Answer 2

Does not apply to:

1. Grand jury proceedings
2. Civil Proceedings
3. Parole Revocation Proceedings
4. To the use of excluded evidence for impeachment purposes
5. Exclusion is not an available remedy for violations of the knock and announce rule in the execution of search warrants.

Question 3

Does the exclusionary rule apply to grand jury proceedings?

Answer 3

No.

Question 4

Can illegally obtained evidence be used for impeachment purposes?

Answer 4

Yes. To impeach credibility of the defendant’s trial testimony.

Question 5

Can illegally obtained evidence be used to impeach non-defendant witnesses?

Answer 5

NO.

Question 6

What is the fruit of the poisonous tree doctrine?

Answer 6

The exclusionary rule will not only exclude illegally seized evidence, but will also exclude all evidence obtained or derived from police illegality.

Question 7

Does the Fruit of the Poisonous Tree Doctrine apply to Miranda violations?

Answer 7

No, unless the police act in bad faith in obtaining such information.

Question 8

What ways can the government break the chain from the poisonous tree to the evidence?

Answer 8

1. Independent source
2. Inevitable discovery
3. Intervening Acts of free will on the part of the defendant

Question 9

Hansel is illegally arrested on Friday night. On Saturday he gets out on bail. On Monday, Hansel hires and consults an attorney. On Tuesday he voluntarily returns to the police station and confesses. Will that Tuesday confession be fruit of the illegal Friday night arrest or will it be admissible?

Answer 9

Admissible, it was an intervening act of free will which breaks the chain and allows the evidence to come in.

Question 10

Will a conviction be overturned because improperly obtained evidence was admitted at trial?

Answer 10

Not necessarily. The court will apply the harmless error test.

Question 11

What is the harmless error test?

Answer 11

Under the test, a conviction will be upheld if the conviction would have resulted despite the improper evidence.