Exclusionary Rule + Exceptions

Question 1

General

Answer 1

Exam Tip - one of the most important topics on MBE

Exclusionary Rule - illegally obtained evidence, either physical evidence obtained by an illegal search or a statement obtained through an illegal interrogation is inadmissible at the criminal trial of the person whose rights were violated

Application - exclusionary rule applies at trial and not to pretrial proceedings (E.g., grand jury proceedings)

Question 2

Standing

Answer 2

Rule - the violation must have been of the defendant’s rights, and not someone else’s rights

Exception - if the driver of a car is arrested without probable cause, passengers are deemed to have been seized as well, so they can challenge the constitutionality of the stop

Question 3

Exclusionary Rule

Answer 3

Definition - evidence obtained in violation of the 4th, 5th, or 6th amendment rights cannot be introduced at trial to prove a D’s guilt

Fruit of the Poisonous Tree - exclusionary rule applie-s not only to the evidence obtained in violation of the constitution, but also to evidence obtained as a result of the intial violation (but-for causation)

Exceptions - (5 and a Half)

1. Knock and Announce - though officers executing an arrest warrant at a residence are required to knock and request admission, if they fail to do so, enter the premises, and disover evidence, that evidence is admissible
2. Inevitable Discovery - if the evidence would have been discovered through lawful means, then it is admissible
3. Independent Source - relevant evidence discovered on the basis of an independent source will be admissible
4. Attenuation in the Causal Chain - intervening events and the passage of time can remove the taint
5. Good Faith - if officer acted in good faith reliace upon either (1) an existing law that was later declared unconstitutional or (2) a warrant that is later found to be defective, then evidence is admissible.

Warrant Reliance - officer can rely on warrant if

1. the warrant was not obtained by fraud
2. the warrant was not defective on its face
3. the magistrate did not wholly abandon his judicial role

5.5 Isolated Negligence by Law Enforcement Personnel - does not necessarily trigger the exlusionary rule

Question 4

Exclusionary Rule - Key Points

Answer 4

Step 1 - was there violation in the first place?

4A - was there a search? was thre a seizure? if yes, was there probable cause?

5A - was there a 5A interrogation violation? was the D in custody? was there an interrogation? was the D given warning? did he invoke his rights?

6A - did the 6A right to counsel attach? was this a critical stage?

Step 2 - does the exlusionary rule apply?

Step 3 - if the exluserionary rule applies, does an exception apply?

Step 4 - if a conviction should be overturned, apply the harmless eror rule? (would the peiece of evidence have made a difference?