CrimPro—Exclusionary Rule

Question 1

What is the exclusionary rule and the fruit of the poisonous tree doctrine?

Answer 1

Exclusionary Rule prohibits the introduction of evidence obtained in violation of D’s constitutional rights in a criminal trial.

Fruit of the poisonous tree doctrine—evidence derived or obtained from illegal gov’t conduct is excludable against D.

Question 2

IN what situations can illegally obtained evidence still be deemed admissible?

Answer 2

Illegally obtained evidence is admissible if gov’t can break the chain between the illegal gov’t conduct and the seized evidence;

Common ways to break the chain:

1. Independent source—gov’t had an independent source for obtaining the evidence.
2. Inevitable discovery—gov’t would have discovered illegally derived evidence even w/o illegal conduct.
3. Attenuation—where evidence challenged is too remote and attenuated from unlawful search or seizure.

Question 3

If police illegally search evidence but show that they would have discovered it anyways absent illegal conduct, can it be admitted?

Answer 3

Yes. Exception: inevitable discovery—gov’t would have discovered illegally derived evidence even w/o illegal conduct.

Question 4

Can evidence obtained during an illegal search be introduced during grand jury proceedings?

Answer 4

No. The exclusionary rule does not apply to grand jury proceedings.

TIP: it doesn’t apply to civil proceedings, parole hearings, or administrative cases.

Question 5

Can illegally-obtained evidence be used to impeach D at trial? What about a non-D witness?

Answer 5

Confessions resulting from Miranda violations or illegally obtained evidence may be used to impeach D’s testimony at trial (but only D’s testimony).

Question 6

If police violate the knock and announce requirement, can evidence later seized pursuant to the search be used against D?

Answer 6

Yes. The exclusionary rule does not apply to violations of the knock and announce rule in executing search warrants.

Question 7

If police illegally seize evidence relying in good faith on an invalid search warrant, will the evidence be admissible?

Answer 7

Illegally obtained evidence will not be excluded if the gov’t demonstrates that it relied in good faith either:

A. A reasonably relied upon but defective warrant, or

B. A judicial opinion or statute that was later changed or declared invalid.

TIP: Police cannot rely on a defective warrant obtained in good faith if:

a. Affidavit completely lacks PC.
b. Warrant is defective on its face.
c. Police or gov’t official lied or misled the magistrate.
d. Magistrate wholly abandoned judicial role.