Misc. Flashcards

1
Q

Exclusionary Rule

A

1) illegal search OR
2) coerced statement
3) excluded form any subsequent criminal prosecution

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2
Q

Not included in Exclusionary Rule

A

1) grand jury proceeding
2) civil proceedings
3) parole revocation proceeding
4) violations of Miranda rights for impeachment purposes (D’s testimony only)
5) knock and announce rule

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3
Q

Fruit of Poisonous Tree Doctrine

A

1) excludes
2) all evidence
3) obtained for derived from police illegality
NOTE: does not apply to miranda violations unless police acted in bad faith

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4
Q

Exclusionary Rule and Convictions

A

1) conviction not necessarily overturned by improperly introduced evidence
2) harmless error test
3) conviction upheld if conviction would have resulted despite the improper evidence

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