The exclusionary rule Flashcards
Standing
Illegally obtained evidence—whether physical evidence or a statement—is inadmissible at the criminal trial of the person whose rights were violated.
The violation must have been one of the defendant’s rights, not those of someone else.
Standing: automobiles
If the driver of a car is arrested without probable cause, passengers are deemed to have been seized as well.
Thus, they may challenge the constitutionality of the stop.
Definition of the exclusionary rule
Evidence obtained in violation of the Fourth, Fifth, or Sixth Amendments cannot be introduced at trial to prove a defendant’s guilt.
The rule applies at trial, not to pretrial proceedings such as grand jury proceedings.
4A: Whether there was a search and seizure and if there was probable cause.
5A: Whether there was a custodial interrogation without Miranda warnings or in violation of invoked rights.
6A: Whether right to counsel attached.
Exclusionary rule exceptions: knock-and-announce
Ordinarily, under the Fourth Amendment, officers executing an arrest warrant at a residence are required to knock and announce that they are police.
But if they fail to do so and discover evidence, that evidence need not be suppressed.
Exclusionary rule exceptions: inevitable discovery
If evidence would have been discovered anyway and through lawful means, e.g., pursuant to a warrant to be obtained, it will be admissible.
Exclusionary rule exceptions: independent source
Relevant evidence discovered on the basis of an independent source will be admissible.
Exclusionary rule exceptions: attenuation in the causal chain
Intervening events and the passage of time can remove the taint of the unconstitutional conduct.
Exclusionary rule exceptions: good faith
If officers act in good faith reliance, they are entitled to use the evidence that was obtained.
The good faith exception applies to officers who rely on either:
(1) An existing law that was later declared unconstitutional; or
(2) A warrant, although facially valid, that is later found to be defective.
But the exception does not apply if:
(1) The warrant was obtained by fraud;
(2) The warrant was obtained in reliance on an unacceptably bare-bones affidavit, i.e., defective on its face; or
(3) The magistrate wholly abandoned his judicial role.
Exclusionary rule exceptions: isolated negligence
The exclusionary rule, which is meant to deter bad police conduct, may not apply if exclusion of evidence would not have meaningfully deterred the violation.
For example, if a search was pursuant to the mistaken belief that there was a valid, outstanding warrant due to negligent maintenance of a warrant database, the evidence discovered could still be admissible.
