Rule Statements

Question 1

Exclusionary Rule

Answer 1

Under the exclusionary rule, evidence obtained in violation of a D’s constitutional rights is generally inadmissible at trial

under fruit of poisonous tree doctrine, evidence derived from unconstitutionally obtained evidence will also be suppressed

Suppression is not required if the taint of the unconstitutional action can be attenuated

Question 2

4A Search and Seizure

Answer 2

4A protects citizens against unreasonable searches and seizures. Searches and Seizures are reasonable if conducted pursuant to a warrant

Question 3

4A Search and Seizure - Arrest

Answer 3

Warrantless searches incident to a constitutional arrest are valid

Police officers may make a warrantless arrest of a person in public if they ahve probable cause to believe the person committed a felony. Probable cause is present if the officer knows of reasonably trustworthy facts sufficient to cause a reasonably prudent person to believe that the suspect has committed or is committing a crime. Probable cause can come from trustworthy facts given by a third party

Question 4

6A Right to Counsel

Answer 4

A suspect has a 6A right to be represented by counsel at all critical stages of a criminal prosecution after formal proceedings have begun

Pre-charge/investigative lineups are not a critical stage of prosecution so no right to counsel there