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Flashcards in Exclusionary Rule Deck (15)
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1

Define the "exclusionary rule"?

the exclusionary rule is a judicially created remedy that which results in the suppression of evidence which has been derived from an illegal search and seizure.

2

What is the primary objective for the "exclusionary rule"?

the rule is designed to primarily deter unlawful police conduct -- and to a lesser extent, to protect the integrity of the judicial process.

3

When the defendant shows that evidence was obtained through an illegal search and seizure, the exclusionary rule generally requires that such evidence be suppressed. This is called?

"Tainted Evidence"

4

What does derivative evidence "tainted" mean?

Evidence gained by illegal police conduct is referred to as "fruit of the poisonous tree"

5

What are the three types of evidence that are commonly suppressed due to "fruits of the poisonous tree"?

1. Physical evidence
2. Identification evidence
3. Verbal Evidence

6

What is "Physical Evidence"?

1. Contraband
2. Instrumentalities

7

What is "Identification Evidence"?

1. Fingerprints
2. Handwriting
3. Mug shots
4. Blood tests
5. Hair Samples

8

What is "Verbal Evidence"?

1. Confessions/Admission
2. Testimony of witnesses

9

What are the proceedings to which the exclusionary rule applies?

the rule may apply only in part or not at all to the following:
1. Grand Jury Proceedings
2. Civil Proceedings
3. Parole and Probation Revocation
4. Sentencing

10

What is a "independent Source"?

the existence of evidence which was not illegally seized and which in fact provided an independent source for the discovery of the challenged evidence.

11

What is a "Inevitable Discovery"?

The inevitable discovery rule permits the prosecution to demonstrate that evidence acquired by exploitation of an illegal search would have been obtained by legal mean.

12

What does "Attenuation" mean?

Evidence obtained after an unlawful arrest can be introduced if the connection between the police misconduct and the confession or other evidence " has become so attenuated as to dissipate the taint"

13

What are the three totality circumstances test used in considering "Attenuation"?

1. Close time frame between illegality and challenged evidence.
2. Presence of interviewing circumstances.
3. Purpose and flagrancy of official misconduct.

14

What is the " Good faith exception"?

The exclusionary rule should be modified so as not to bar the use of evidence obtained by officers acting in reasonable reliance on a search warrant thereafter found to be unsupported by probable cause, or found to be deficient on its face.

15

Even if there is a search warrant, an officer's reliance on the warrant may be found to be unreasonable if:

1. the issuing judge was misled by information in an affidavit
2. the issuing judge wholly abandoned his judicial role
3. the affidavit was so lacking in indicia of probable cause
4. the affidavit was so "facially deficient"