Remedies

Question 1

In what kinds of cases does the exclusionary rule apply?

Answer 1

Criminal trials, forfeiture proceedings, searches of students by school officials

Question 2

In what kinds of cases does the exclusionary rule NOT apply?

Answer 2

probation and revocation hearings
civil proceedings
grand jury proceedings
deportation hearings

Question 3

When can evidence obtained in violation of a const. amend be admitted?

Answer 3

For impeachment in 4th, 5th, 6th. But NOT for coerced statements and 14th amend DP violations.

Question 4

When does the ER apply?

Answer 4

1. evidence gathered in violation of 4th amend
2. statements made in violation of 5th amend right against self-incrimination AND right to counsel
3. evidence/statements gained in violation of 6th amend right to counsel

Question 5

Exceptions to the ER

Answer 5

a. good faith
b. independent source doctrine
c. inevitable discovery doctrine
d. dissipation of taint

Question 6

Fruit of the poisonous tree

Answer 6

if evidence falls within scope of the exclusionary rule and leads cops to other evidence they would not have otherwise found, this is fruit of the poisonous tree

Question 7

Factors that tend to make evidence found in violation of a right admissible

Answer 7

a. passage of time (the more time between the violation and the obtaining of the evidence, the more attenuation)
b. length of the causal chain (the more interevening factors, the more attenuation
c. acts of free will (such as D’s voluntary decision to confess; giving consent to search; or third party witness being willing to testify.
d. flagrancy of the violation by the police (if it is a technical, low level violation, there is more attenuation)
e. nature of the derivative evidence (if the evidence is a statement, courts are more willing to find attenuation)
f. giving of Miranda warnings