Exclusionary Rule Flashcards
Exclusionary Rule
Evidence obtained in violation of D’s 4th, 5th, or 6th Amendment rights are excluded from evidence in prosecution’s case in chief
* Court must balance importance of deterring police misconduct** vs.** exclusion of probative evidence
Fruit of the Poisonous Tree doctrine: MOST evidence derived from unconstitutionally acquired evidence is ALSO EXCLUDED.
Exceptions: evidence will be admissible
* Attenuation: unconstitutional act is attenuated from the evidence itself or was interrupted by intervening act (ex. intervening act of free will by D)
* Inevitable Discovery: prosecution can show police would’ve found evidence even without unconstitutional act
* Independent Source: prosecution can show evidence was obtained from source independent of illegal act
* Fruits (physical evidence) obtained from violation of Miranda
* Fruits from violation of knock and announce rule
Note: Grand juries can hear inadmissible evidence
