Exclusionary Rule General

Question 1

When can confessions be excluded?

Answer 1

Whenever a confession is invalid OR is involuntarily made, then it must be excluded.

Question 2

What happens when the initial statement is voluntarily given, but the second statement is invalid, but they are the same thing?

Answer 2

Well the cat is already out of the bag.

So long as the second statement was made absent any deliberately coercive or improper tactics, the second statement can come in.

Question 3

What happens if the first questioning is invalid, they then take a break mirandize then start questioning again and refer back to comments in the first questioning?

Answer 3

The second questioning is not admissible because they are referring back to the first invalid questioning.

Factors to determine if second questioning should be excluded:

a) completeness and detail of the questions and answers in the first round of interrogation;
b) overlap between the content of the two statements;
c) timing and setting of first and second interrogations;
d) continuity of police personnel; and
e) degree to which officers treated second round as continuous with first.

Question 4

Can physical evidence that is obtained due to a miranda violation come in?

Answer 4

Yes, the physical evidence itself, but not the statement that led to the physical evidence, can come in.

Question 5

Can you use statements to impeach someone?

Answer 5

Yes, even if those statements violated miranda. Remember, they just cannot come in during the gov’t case in chief.