Exclusionary rule and standing

Question 1

Exclusionary rule balancing test

Answer 1

Court will weigh the deterrent effect vs the cost to society. This is the test for primary exclusion at trial.

If there is an issue involving secondary exclusions (eg: at the grand jury proceeding, habeas corpus proceeding, bond hearing, etc), then the court will look at the increase in deterrent effect by supressing the evidence at that particular proceeding vs the cost to society by losing the evidence at that proceeding.

Question 2

Standing requirement

Answer 2

the violation must be personal to individual for them to claim exclusion. Otherwise, the exclusionary rule will not apply.

Question 3

Exclusion outside of trial

Answer 3

Generally, the exc rule will only apply to trial. Not generally applicable to other proceedings.

Question 4

Additional limitations

Answer 4

There is an additional limitation for: Miranda violations, 4th violations, and 6th violations. This evidence is only excluded for the prosecution’s CIC. May still be used for impeachment.

The exclusionary rule doesn’t apply for knock and announce rules.

Question 5

Habeas corpus

Answer 5

The exclusionary rule, in relation to 4th amendment violations, only applies at trial and on direct appeal. The rule does not apply for habeas corpus proceedings with regard to 4th violations, but it does for other violations.

Question 6

Good faith

Answer 6

Rule does not apply to searches with invalid warrant if the officer believed in good faith the warrant was valid.

Question 7

Derivative evidence rule

Answer 7

Applies fully to constitutional violations, but doesn’t apply to Miranda

Question 8

Independent source rule

Answer 8

Despite the presence of illegal activity, the evidence is admissible because it was found pursuant to an independent source and is not a consequence of the illegality. Most often used for out of court ID issues.

Question 9

Attenuation of the taint

Answer 9

The evidence was found as a consequence of the illegality; nevertheless it is admissible if it was found by means sufficiently distinguishable to urge the primary taint (ie: there was a break in the chain of causation between the illegal act and finding the evidence).

Factors:

1) The time period between the illegality and the acquisition of the secondary evidence,
2) The occurrence of intervening events,
3) The flagrancy of the initial illegality.

Question 10

Inevitable discovery

Answer 10

The evidence was found pursuant to illegal activity; nevertheless, it is admissible if it would have inevitably been found legally.