The Exclusionary Rule

Question 1

The Exclusionary Rule

Answer 1

Evidence obtained in violation of the Fourth, Fifth, or Sixth Amendments cannot be introduced at trial to prove a D’s guilt

Applies at trial, not pretrial proceedings (e.g., grand jury proceedings)

Question 2

Fruit of the Poisonous Tree

Answer 2

Exclusionary Rule also applies to evidence obtained as a result of the initial violation

Question 3

Exclusionary Rule Exceptions

6

Answer 3

(1) Knock and Announce
(2) Inevitable Discovery
(3) Independent Source
(4) Attenuation in the Causal Chain
(5) Good Faith
(6) Isolated Negligence by Law Enforcement Personnel

Question 4

Exclusionary Rule Exception: Knock and Announce

Answer 4

Officers executing an arrest warrant at a residence are required to knock and announce they are police

If they fail to do so, and discover evidence, that evidence does NOT have to be suppressed

Question 5

Exclusionary Rule Exception: Independent Source

Answer 5

Relevant evidence discovered on the basis of an independent source will be admissible

Question 6

Exclusionary Rule Exception: Attenuation in the Causal Chain

Answer 6

Intervening events and the passage of time can remove the taint of the unconstitutional conduct

Question 7

Exclusionary Rule Exception: Good Faith

Answer 7

If officers are acting in good faith reliance, they are entitled to use the evidence that was obtained

Applies to officer who rely on:

(1) EXISTING LAW that was later declared unconstitutional; or
(2) WARRANT that, while facially valid, is later found to be defective

Question 8

Exclusionary Rule Exception: Isolated Negligence By Law Enforcement Personnel

Answer 8

To trigger the exclusionary rule, police conduct must be SUFFICIENTLY DELIBERATE so that exclusion could meaningfully deter it

Question 9

Steps to Address Exclusionary Rule on Exam

Answer 9

(1) Identify underlying constitutional violation
(2) If there was a violation, does the exclusionary rule apply to that kind of violation?
(3) Do one of the exclusionary rule exceptions make the evidence admissible anyway?
(4) If Q involves whether a conviction should be overturned (rather than suppression of evidence), apply the harmless error rule

Question 10

Harmless Error Rule

Answer 10

Even if the trial court wrongfully admitted illegally seized evidence, appellate court can refuse to order a new trial if it finds that the error was harmless beyond a reasonable doubt, meaning that the erroneously admitted evidence did not contribute to the result

In essence, determine if the piece of evidence is OUTCOME DETERMINATIVE