Exclusionary Rule Flashcards
(13 cards)
When does the exclusionary rule apply?
(1) criminal proceedings
(2) prosecutors case in chief
When does the exclusionary rule not apply?
(1) grand jury
(2) impeachment evidence
What happens if a warrant application contains a lie or a statement made in reckless disregard for the truth?
Court must excise information from the warrant and determine if there is still probable cause if all of that is gone
When will bad 4A evidence be allowed?
(1) acted in good faith and (2) with reasonable belief that their actions comport with the 4th amendment
What did the court hold in Mapp v. Ohio?
Evidence obtained through an unreasonable search or seizure in violation of 4A is inadmissible in state criminal proceedings
What did the court hold in Brown v. Illinois?
Incriminating statement s following an unlawful arrest, even if the suspect was mirandized, are inadmissible, unless statements are sufficiently attenuated.
What is the derivative evidence rule?
Evidence derived from a 4A violation cannot be used
How did the court interpret good faith in Herring?
The court found that the officer was not culpable for acting on a recalled arrest warrant, because the officer who maintained the database was negligent.
Why does the exclusionary rule exist?
To deter officers from being bad and illegal
What is the independent source doctrine?
An exception to the derivative evidence rule, saying that if the police can independently discover the same evidence they can still use it.
What is the inevitable discovery doctrine?
An exception to the derivative evidence rule, police can prove by a preponderance of the evidence that they would have inevitably found the evidence by lawful means.
What is attenuation?
An exception to the derivative evidence rule, attenuation refers to the breaking of the chain of connectedness through (1) intervening acts of free will or (2) witnesses willingness to testify with no knowledge of illegality.
