Exclusionary Rule (Module 6)

Question 1

Scope of Exclusionary Rule

Answer 1

Prohibits introduction of evidence that was obtained in violation of the 4th 5th or 6th Amendments

Question 2

Fruit of the Poisonous Tree

Answer 2

Evidence obtained in result of a 4th/5th/6th amendment violation must be excluded unless the cost of excluding outweighs the deterrent effect of exclusion on police misconduct

Question 3

Exceptions to Fruit of the Poisonous Tree Doctrine

Answer 3

IKAMI

I - independent source (obtained from source independent of original illegality)
K - knock/announce violation
A - attenuation (see other card)
M - miranda violation (as long as not purposeful)
I - inevitable discovery (would have eventually found it regardless)

Question 4

Exception to Fruit of the Poisonous Tree (Attenuation)

Answer 4

Connection between the unconstitutional police conduct and the evidence is interrupted by intervening circumstance so that causal chain is broken (including acts of free will by the D)
- ex. (D illegaly arrested but returns to police station later and confesses; D illegally pulled over but there’s already an arrest warrant out for him)

Question 5

Limitations on Exclusionary Rule

Answer 5

1) Illegally obtained evidence can be used in GJ proceedings, Civil proceedings, parole revocation hearings

2) Good faith reliance on law, defective search warrant, or clerical error

3) Can use for impeachment purposes

4) knock/announce violations

Question 6

Use in GJ/Civil Proceedings, etc.
(Exception to Exclusionary Rule)

Answer 6

Evidence obtained in violation of 4th, 5th, or 6th Amendment can be used in:
- GJ proceedings (unless obtained in violation of fed wiretapping statute)
- Civil proceedings
- Parole revocation hearings
- When evidence was obtained only contrary to state/agency rules

Question 7

Good Faith Reliance
(Exception to Exclusionary Rule)

Answer 7

When police arrest somone erroneously but were acting in good faith to a valid arrest warrant, it will still be admissible unless:
1) affidavit underlying warrant lacked PC or particularity such that no rxble officer would rely on it
2) offier lied/misled magistrate to get warrant
3) magistrate was biased

Question 8

Impeachment Purposes
(Exception to Exclusionary Rule)

Answer 8

• An otherwise voluntary confession in violation of Miranda can be used to impeach
• Evidence obtained from an illegal search can be used to impeach the D, but not others, statements

Question 9

Harmless Error Test (Exclusionary Rule)

Answer 9

• If illegal evidence is admitted on trial, conviction should be overturned on appeal unless the gov can show beyond a reasonable doubt that the error was harmless
• it will be upheld if it would have resulted despite the improper evidence

Question 10

Enforcement of Exclusionary Rule

Answer 10

• D entitled to have admissibility of evidence/confession decided as a matter of law; gov bears burden of proving admissibility by a preponderance of the evidence
• D can testify at a hearing on admissibility wihtout testimony being used as an admission of guilt