Exclusionary Rule/Exceptions and Exclusions

Question 1

Exclusionary Rule

Answer 1

1. prohibits introduction of evidence obtained in the violation of the 4th/5th/6th

Question 2

What is the purpose of the exclusionary rule?

Answer 2

deter government (primarily police) from violating a persons constitutional rights

Question 3

Does the exclusionary rule apply to habeas corpus proceedings, grand jury, civil cases, parole revocation hearings, non-criminal deportation hearings brought by INS

Answer 3

NO

Question 4

Exceptions to the Exclusionary Rule

Answer 4

1. impeachment
2. Good faith exception

Question 5

Impeachment

Answer 5

attacking the credibility of defendant’s testimony

Question 6

what is derivative evidence?

Answer 6

evidence obtained indirectly

Question 7

fruit of the poisonous tree
primary evidence is defined as what?

Answer 7

directed product of illegal police behavior

Question 8

Good faith exception

Answer 8

1. Good faith is presumed when police
   relied on a validly issued warrant, state
   statute, current law, or court precedence
   that is overturned

Question 9

Does Bad Faith apply to the exclusionary rule

Answer 9

No

Question 10

What is the Fruit of the Poisonous Tree Doctrine?

Answer 10

all illegally obtained evidence must be excluded but also all evidence obtained or derived from that evidence

Question 11

Exceptions to the Fruit of the Poisonous Tree Doctrine

Answer 11

1. independent source doctrine
2. attenuation doctrine
3. Standing requirement

Question 12

Independent Source Doctrine

Answer 12

1. Allows admission of evidence that has been discovered by means wholly independent of any constitutional violation.
2. Permits the intro of evidence initially discovered during, or consequence of an unlawful search, but later obtained independently from lawful activities untainted by initial illegality

Question 13

Attenuation Doctrine

Answer 13

1. known as the Purged taint exception
2. means to separate
3. the deficient search warrant from the valid exception to the search warrant rule known as consent

Question 14

Standing requirement

Answer 14

1. The individual must have a reasonable expectation of privacy to protect
2. one that society recognizes as reasonable and important to protect.
3. Casual visitors do not have REP but overnight guests do

Question 15

Do overnight guests have a reasonable expectation of privacy?

Answer 15

yes

Question 16

Do casual visitors have REP

Answer 16

No

Question 17

How can you use Excluded evidence?

Answer 17

1. Voluntary confessions= impeach
2. Physical evidence = impeach

Question 18

do you need reasonable suspicion /p.c to make a contact?

Answer 18

No

Question 19

Do you have any authority to detain in contacts

Answer 19

no

Question 20

Is the party free to leave at anytime in contacts?

Answer 20

yes

Question 21

Investigatory Temporary Detention requirements (Terry Stops)

Answer 21

1. based on RS
2. Must articulate the facts
3. held for a reasonable time
4. based on totality of circumstances

Question 22

Can investigatory temporary detention be based on reasonable suspicion for vehicle stops

Answer 22

yes

Question 23

What Constitutes an Arrest (Seizures)

Answer 23

1. Physical applicaition of Force
2. Words= Commanding/demanding
3. physical action (hands on)

Question 24

all arrests must be based on

Answer 24

PC

Question 25

exclusions to the search warrant

Answer 25

1. Open Fields
2. Public Premises
3. public Place
4. Private Premises/Plainview/Feel/smell/
   hear
5. abandoned property
6. Surrendered Property
7. actions of private citizens
8. VIN’s

Question 26

Open Fields Doctrine:
1. curtilage
2. outbuilding
3. open field/sky

Answer 26

1. Curtilage= protected
2. outbuilding= privacy expectations if we
   have taken efforts to create privacy
   (blacked out windows)
3. Open field/sky= no expectation of
   privacy

Question 27

Public Premises defined

Answer 27

1. property owned by the government
2. parks, roads, alleys, sidewalks, common
   property
3. No individual expectation of privacy
   involved

Question 28

Public Place

Answer 28

1. privately owned but not open to the
   public
2. stores, restaurants, businesses
3. Public areas and private areas
   (employees only)

Question 29

Private Premises Plain View

Answer 29

1. LEO in a position to have legal right to be
   present
2. Item is/are Incriminating in character is
   immediately apparent
3. LEO have the lawful right of access to
   the object (no moving, manipulating)
4. LEO may seize without warrant

Question 30

Does Plain View encompass abandoned objects, objects in open fields, contraband, or other objects as to which no reasonable expectation of privacy?

Answer 30

yes

Question 31

Does abandoned property have a reasonable expectation of privacy?

Answer 31

No

Question 32

If someone throws the item away in the trash is it protected under REP

Answer 32

no

Question 33

is personal trash within curtilage protected?

Answer 33

No

Question 34

What falls under Surrendered Property

Answer 34

1. voluntarily turns over property to police
2. no REP (waived)
3. No 4th amendment protection

Question 35

Actions of Private Citizens

Answer 35

1. 4th amendment only restriction to
   government action on police
2. no restriction on private property

Question 36

VIN exceptions

Answer 36

1. Very Limited Privacy
2. automobiles highly regulated by state
3. all vehicles built/sold in US since 79
   require VIN be visible. no privacy.