Fruit of the Poisonus Tree / Suppression

Question 1

Suppression Weight Test

Answer 1

Whether the costs to society weigh heavier than the costs to the defendant in order to grant the suppression of criminal conduct

Question 2

Fruit of the Poisonous Tree: Generally

Answer 2

Requires placing the prosecution in the place they would have been in had the constitutional violation not occurred.

Question 3

Independent Source Exception

Answer 3

Information discovered after a violation from an independent source

Question 4

Inevitable Discovery Exception

Answer 4

Proven by a preponderance of the evidence that the information discovered by the violated would have inevitably been discovered

Question 5

Good Faith Exception

Answer 5

Warrants create a presumption of validity per their review by a neutral judicial officer. Unless there is evidence of deliberate or reckless use of facts that are untrue in the warrant application–the fruits of a facially valid warrant may not be suppressed.

Question 6

Attenuation Exception

Answer 6

Break in the causation between the violation and the evidence obtained so as that they are too far removed for suppression to be supported

Factors: (1) temporal proximity; (2) presence of intervening circumstances; (3) purpose and flagrancy of the misconduct

Question 7

Impeachment Exception

Answer 7

Evidence used for impeachment purposes during a trial, but may not used in the case-in-chief/as substantive evidence

Question 8

When the Rule (Fruit of the Poisonus Tree) Applies

Answer 8

When a violation of either the 4th (searches and seizures), 5th (due process, right against self-incrimination) or 6th Amendment (right to an attorney)