Constitution and Law Enforcement

Question 1

Exceptions to exclusionary rule (4)

Answer 1

1. The Attenuation Doctrine
2. The Independent Source Rule
3. Inevitable Discovery
   4.Collateral Proceedings

Question 2

1. Attenuation (Three factors)

Answer 2

Time Delay, Separate Location, intervening event

Court decides police obtained evidence as an INDIRECT RESULT of their illegal detention or arrest (It was separated from the initial improper police action)

Question 3

Attenuation (Time Delay)

Answer 3

-Time Delay: confession was admissible even though made after arrest on invalid warrant, confession was unconnected to warrant, then waived miranda and gave confession. (Vs. NO GOOD, cop getting consent after illegally entering the home)

Question 4

Attenuation (Separate Location)

Answer 4

improper warrantless arrest in suspects home, statements in the home are inadmissible, statements outside are admissible. (Improper vs proper entry)
Physical evidence will be surpassed inside AND outside.

Question 5

Attenuation (Intervening Event)

Answer 5

Will sometimes eliminate the taint of an illegal stop or arrest. Lt. Hussey stopped car illegally, driver was allowed to leave but returned and got a gun, was then arrested for the gun (GOOD ARREST)

Question 6

2. Independent Source

Answer 6

Officers should not be penalized for unconstitutional activity when the evidence also came from another legitimate source. (Feds botched a used invalid warrant, state police didn’t lose the evidence because of their mistake.

Question 7

3. Inevitable Discovery

Answer 7

Unlawfully found evidence would have eventually been discovered lawfully.
-The evidence would have been found legally AND the character of the police misconduct that uncovered it in the first place.
(Good: drunk person placed in PC, officer seized drugs on a weapon frisk, but it would have been found at the PD)
(BAD: rape victims bag is found, statements given without right to counsel. 10 days since rape, PD wouldnt have found the pocket book)

Question 8

Will evidence seized in violation of a search warrant requirements be admitted even if its later discovery was inevitable?

Answer 8

No, SJC view warrant requirments as too important to disolve.

Question 9

4. Collateral Proceedings (5 things)

Answer 9

Fruit of poison tree excludes evidence from trial, but that can still be used for…
1. Impeach defendants false testimony
2. revoke defendants probation or parole
3. remove children from custody of their unfit parents
4. Discharge or discipline public employee.
5.Prove a civil case

Question 10

Do you need to inform defense about information favorable to suspect?

Answer 10

Yes,
1.disclose evidence includes consistent with defendants innocence,
2. evidence that weakens prosecutions case,
3. negitive aspects of officer
Must disclose indefinitely if new info comes up

Question 11

Brady List ( 6 reasons)

Answer 11

1. Testified untruthfully
2. written false reports
3. tampered with evidence
4. used excessive force
5. engaged in biased behavior