Fourth Amendment - Remedies

Question 1

Exclusionary Rule (rule & elements)

Answer 1

Three requirements for exclusion of evidence:

1. ) an unreasonable search or seizure must trigger the remedy exclusion;
2. ) the defendant claiming the remedy (seeking exclusion) must have standing; and
3. ) the facts do not support applying an exception to the exclusionary rule
   * If all three requirements are met, a defendant can invoke the exclusionary rule to prohibit the government from introducing evidence obtained as a direct or derivative result of an unreasonable search and seizure.

Question 2

Standing

Answer 2

The D must show that an unreasonable search or seizure intruded on THEIR personal constitutional rights. Cannot assert someone else’s constitutional rights.

1.) A D has standing to invoke the exclusionary rule when:

a. ) they have an ownership or possessory interest in the place searched or item seized.
* *the owner of a car, or person in possession of a car, has standing to seek exclusion of evidence obtained as the result of an unreasonable search of the car.

b. ) they are unreasonably seized by police; or
c. ) they are an overnight (or longer) social guest at someone else’s house,

Question 3

Fruit of the Poisonous Tree Doctrine

Answer 3

Any additional evidence derived from initial illegality,
including oral statements and physical objects, falls within the scope of the exclusionary rule
and is tainted fruit of the poisonous tree

Question 4

Fruit of the Poisonous Tree - Exceptions

Answer 4

Although inadmissible as fruit of the poisonous tree, the taint can be purged and evidence admitted if one of the following exceptions applies:

1.) Independent Source: Evidence is obtained from a lawful source independent of the
original illegality

2.) Inevitable Discovery: Evidence that is obtained through a poisonous tree will still
be admissible if the police establish that they would have inevitably discovered the
evidence through a different independent source

3.) Attenuation: Evidence so distant from the initial illegality that the poisonous taint is
purged and the evidence is admissible. Factors to consider include:
(i) whether it was obtained from a different location;

(ii) the passage of time;
(iii) different officers obtained the evidence; and
(iv) there was a valid Miranda waiver

4.) Impeachment: The exclusionary rule does not apply to the use of tainted evidence to impeach the
defendant’s testimony

5.) Good-Faith Exception: When police act in good faith on a warrant that is later ruled invalid,
the evidence is not excluded