Test 3. The Exclusionary Rule Flashcards
What is the purpose of the exclusionary Rule?
> Prohibits the use of evidence through illegal or unconstitutional means in criminal trial
> Prevent police misconduct
____________ v. __________________ (1914), lottery tickets seized from home without a search warrant.
Weeks vs. United States
After Weeks v. United States, the exclusionary rule only applied to the actions of the ______________ government.
federal
Wolfe V. Colorado (1949) __________ ________________ doctrine was struck down.
silver platter
__________ v. ________________ (1949) silver platter doctrine was struck down.
Wolfe v. Colorado
What is the SIiver Platter Doctrine?
Federal agents would to to the local officer (city and state), because the exclusionary rule did not apply to city/state officers, and would ask them to search people’s homes, vehicles, without a warrant and if they found any evidence, turn it over to the federal agents.
According to the Supreme Court case, _____ v. __________, evidence obtained in violation of the 4th Amendment could not be admitted in a state court criminal proceeding.
Mapp v. Ohio (1961)
According to Mapp v. Ohio (1961), the exclusionary rule has been applied to ________, _________, and __________ government.
- state
- county
- federal
Who does the exclusionary rule apply to?
Government action
The exclusionary rule applies to _______________ action.
government
What does the exclusionary rule prohibit?
- Introduction of evidence seized during an unlawful search
- Testimony concerning knowledge acquired from that unlawful search
- Evidence that flowed from the unlawful search
The exclusionary rule prohibits the ________________ of evidence seized during an unlawful search.
introduction
The exclusionary rule prohibits ________________ concerning knowledge acquired from that unlawful search
testimony
The exclusionary rule prohibits _____________ that flowed from the unlawful search
evidence
What are the exceptions to the Exclusionary Rule?
- Good Faith Exception
- Independent SOurce Principal
- Inevitable Discovery Rule
- Attenuation Doctrine/Purged Taint
What is the Good Faith Exception to the Exclusionary Rule?
Allows evidence obtained through an unlawful search or seizure to be admitted in court if police acted in good faith, believing they were following legal procedures, even if a warrant was later found to be defective
What is the Independent source principal to the Exclusionary rule?
Allows evidence obtained through an unlawful search to be admitted if the same evidence is also obtained through a separate, lawful source, untainted by the initial illegality.
What is the inevitable discovery law to the exclusionary rule?
Allowing illegally obtained evidence to be admitted if the prosecution can prove it would have been discovered by lawful means regardless of the misconduct.
What is the Purge Taint expection to the exclusionary rule?
Admitted if the causal link between the illegal act and the evidence is sufficiently attenuated or if the evidence would have been inevitably discovered through legal means.
(If the evidence is so far removed from the wrong done by officers than it may be admissible.)
What exception to the exclusionary rule is not valid in Georgia and why?
Good Faith Exception
O.C.G.A 17-5-30. Motion to Suppress Evidence
What Supreme Court case established the Good Faith Exception and why?
U.S. V. Leon (1984)
A search warrant was prepared and signed by a judge and reviewed by three DAs. Evidence was suppressed because there was not probable cause. There was nothing more the officers could do to comply.
