Exclusionary Rule

Question 1

Judicially created remedy that results in the suppression of evidence which has been derived from an illegal search or seizure. The rule has been developed through case law by the judiciary rather than statute or constitutional amendment.

Answer 1

Exclusionary Rule

Question 2

The Court recognized a judicially created rule to exclude evidence obtained by federal officers in violation of constitutionally protected rights.

Answer 2

Boyd v U.S. (1886)

Question 3

The Court expanded the rule to exclude evidence which was obtained by state officers but was given to federal officers who intend to use it.

Answer 3

Weeks v U.S. (1914)

Question 4

The Court expanded the rule to “all evidence obtained by searches and seizures in violation of the Constitution” regardless of whether by state or federal officers.

Answer 4

Mapp v Ohio (1961)

Question 5

If police officers who do not have probable cause for an arrest take a suspect into custody for the purpose of interrogation, statements and sketches obtained from him during his illegal detention must be suppressed even though the defendant has been warned of his Fifth Amendment rights.

Answer 5

Dunaway v New York (1979)

Question 6

“Exploitation” of illegal searches.

Answer 6

Wong Sun v U.S. (1963)

Question 7

1. Contraband
2. Instrumentalities

Answer 7

Physical Evidence

Question 8

1. Fingerprints
2. Handwriting Samples
3. Mug Shots
4. Blood Tests
5. Hair Samples

Answer 8

Identification Evidence

Question 9

1. Confessions/Admissions
2. Testimony of Witnesses

Answer 9

Verbal Evidence

Question 10

The essential aspect of the independent source rule is the existence of evidence which was not illegally sized and which in fact provided an independent source for the discovery of the challenged evidence.

Answer 10

Segura v U.S. (1984)

Question 11

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

Answer 11

Nix v Williams (1984)

Question 12

The attenuation rule provides that despite the illegality in obtaining evidence, such evidence may be admissible if the connection between the evidence and the illegal method is sufficiently remote or attenuated.

Answer 12

New York v Harris (1990)

Question 13

In 1984, the Supreme Court adopted a partial good faith exception to the exclusionary rule. Specifically, it was held that 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 technically deficient on its face.

Answer 13

Good Faith Exception