The Exclusionary Rule

Question 1

Is the Exclusionary Rule in the Constitution?

Answer 1

Nope.

Question 2

What is the general premise of the exclusionary rule?

Answer 2

It is a remedy for violations of the 4th or 5th amendment that excludes evidence found in violation of these rights from use at trial.

Rationale: excluding use of illegally acquired evidence will deter police misconduct.

Question 3

Mapp (State & Federal Court Exclusionary Rule)

Answer 3

All evidence obtained by searches and seizures in violation of the constitution are inadmissible in court (State and Federal)

Question 4

Herring (Bookkeeping errors & Exclusionary Rule)

Answer 4

When officers illegally arrest a person as the result of an isolated, negligent book-keeping error that is attenuated from the arrest, the exclusionary rule does not apply.

Question 5

Davis (Precedent and the exclusionary rule)

Answer 5

Searches conducted in objectively reasonable reliance on binding appellate precedent are not subject to the exclusionary rule.

Question 6

Rakas (Standing to contest a search - privacy in a car)

Answer 6

A person who wishes to challenge a search under the 4th must assert a legitimate expectation of privacy in the searched area

Question 7

Minnesota v. Olsen (Standing to contest a search - Overnight Guests)

Answer 7

Overnight guests have a legitimate expectation of privacy in a host’s house.

Question 8

Carter (Standing to contest a search - guests during a legitimate business transaction)

Answer 8

Those who are guests in an apartment for what is essentially a business transaction, have no legitimate expectation of privacy, and as a result, do not have standing to challenge a search of the apartment.

Consider:

1. Relationship w/homeowner
2. Context/duration of visit
3. Frequency/duration of previous visits
4. Whether guest keeps possessions in the home

Question 9

Brendlin (Standing to contest a seizure)

Answer 9

When a car is stopped by a police officer, the driver and AND ANY PASSENGERS IN THE CARE are also seized, and so have standing to challenge the stop.

Question 10

3 Exceptions to the Exclusionary Rule

Answer 10

1. Independent Source
2. Inevitable Discovery
3. Attenuation of Taint

Question 11

Murray (Independent Source - Warehouse)

Answer 11

If evidence is initially found during an illegal search, but is later found independently from activities untainted by the illegal search, that evidence is admissible.

Question 12

Nix (Inevitable discovery - search party)

Answer 12

If police can demonstrate that they inevitably would have discovered the evidence without a violation of the Fourth Amendment, the exclusionary rule does not apply.

Question 13

Brown (attenuation of taint)

Answer 13

If evidence is obtained by means sufficiently attenuated from an illegal search, it may be admissible.

Factors to Consider:

1. How much time has passed since the illegal action?
2. Were there any intervening events between the illegal action and the subsequently made statements?
3. How egregious was the illegal action?

Question 14

Leon (Defective Warrant and the Exclusionary Rule)

Answer 14

If police officers have a reasonable, good faith reliance, on a warrant, which is later found to be unsupported by probable cause, the exclusionary rule will not bar evidence found pursuant to the defective warrant.