The Exclusionary Rule Flashcards
What is the exclusionary rule (general statement)?
Evidence obtained in violation of the federal constitution or statutes is inadmissible in court against the individual(s) whose rights were violated.
Does the exclusionary apply to the prosecutor’s case-in-chief?
Yes. A prosecutor cannot use unconstitutionally/unlawfully obtained evidence in his case-in-chief.
Can a prosecutor use unlawfully obtained evidence on cross examination to impeach defendant’s testimony?
Yes - unlawfully obtained evidence can be used to impeach the defendant’s testimony on cross examination.
Does a violation of the knock and announce rule trigger the exclusionary rule?
No. Violation of the knock and announce rule will never lead to exclusion of the evidence.
Does an officer’s reasonable mistake in executing a warrant trigger the exclusionary rule?
No, an officer’s reasonable mistake while executing a search warrant will not trigger the exclusionary rule.
What do you call evidence that is obtained as a direct result of an unlawful search?
Fruit of the poisonous tree. It is inadmissible at trial.
When can the prosecution use fruit of the poisonous tree?
When the physical evidence is derivative of the violative conduct - i.e. confession leads to physical evidence.
But the evidence cannot be used in the prosecution’s case-in-chief.
How can the prosecution defeat status as fruit of the poisonous tree?
independent source doctrine
inevitable discovery doctrine
attenuation
What is the independent source doctrine?
there is a source for the discovery and seizure of evidence that is separate and distinct from the original illegality.
What is the inevitable discovery doctrine?
where evidence would necessarily have been discovered through lawful means.
What is the attenuation doctrine?
derivative evidence will be admitted where the passage of time and intervening events purge the taint of the original illegality and restore the defendant’s free will.
