Misc. Flashcards
Exclusionary Rule
1) illegal search OR
2) coerced statement
3) excluded form any subsequent criminal prosecution
Not included in Exclusionary Rule
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
Fruit of Poisonous Tree Doctrine
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
Exclusionary Rule and Convictions
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