Fourth Amendment - Exclusionary Rule

Question 1

What type of constitutional violations must occur for evidence to be inadmissible against a defendant?

Answer 1

When the evidence was obtained in violation of the defendant’s 4A, 5A, or 6A rights

Question 2

What is the doctrine of the fruit of the poisonous tree?

Answer 2

Both (1) initially obtained evidence illegal + not admissible AND (2) evidence obtained derivatively from initial evidence also inadmissible

Question 3

What are exceptions to the fruit of the poisonous tree?

Answer 3

1. Inevitable discovery
2. Independently sourced evidence
3. Taint was too attenuated
4. Officer relied on warrant in good faith
5. Only violation was knock and announce
6. Isolated negligence

Question 4

When does the good faith exception not apply?

Answer 4

1. No reasonable officer would rely on affidavit
2. Warrant defective on face
3. Warrant obtained by fraud
4. Magistrate abandoned judicial role
5. Warrant improperly executed

Question 5

When can the appellate court refuse a new trial if trial court wrongfully admitted illegally seized evidence?

Answer 5

If it finds that the error was harmless beyond a reasonable doubt, ie: wouldn’t have contributed to the result

Question 6

What trial procedure is used to enforce the fruit of the poisonous tree?

Answer 6

1. Hearing held outside presence of jury
2. D can testify at hearing, AND
3. State bears burden of admissibility by preponderance of evidence