Other

Question 1

Exclusionary Rule:

Answer 1

A remedy of American const. procedure whereby someone who has been the victim of AN ILLEGAL SEARCH or a COERCED CONFESSION can (among their other remedies) have the product of that illegal search or that coerced statement EXCLUDED from any subsequent criminal prosecution

LIMITS:
(1) Exclusion does NOT apply to Grand Jury proceedings (witness may be compelled to testify based on illegally seized evidence)

(2) Exclusion is NOT an available remedy in civil proceedings
(3) Exclusion is NOT an available remedy in parole revocation proceedings
(4) Exclusion does NOT apply to the use of excluded evidence for IMPEACHMENT PURPOSES
(5) Exclusion is NOT an available remedy for violations of the KNOCK & ANNOUNCE in the execution of search warrants

Question 2

Fruit of the Poisonous Tree Doctrine

Answer 2

Will NOT only exclude illegally seized evidence, BUT will also exclude ALL evidence obtained or derived from POLICE ILLEGALITY

-Does NOT apply to Miranda violations…UNLESS the police act in BAD Faith

3 ways that the gov. can break the chain between an original, unlawful police action & some supposedly derived piece of evidence:

(1) The gov. could show that it had an INDEPENDENT SOURCE
(2) INEVITABLE discovery
(3) INTERVENING ACTS of FREE WILL on part of ∆