exclusionary rule Flashcards
(15 cards)
Under the exclusionary rule, unconstitutionally obtained evidence is
inadmissible at trial, and all “fruit of the poisonous tree” (that is, evidence obtained from exploitation of the unconstitutionally obtained evidence) must also be excluded unless the costs of excluding the evidence outweigh the deterrent effect exclusion would have on police misconduct.
exceptions to “fruit of the poisonous tree” doctrine (6)
1) fruits derived from statements obtained in violation of Miranda
2) Evidence obtained from a source independent of the original illegality
3) Evidence for which the connection between the unconstitutional police conduct and the evidence is remote or has been interrupted by some intervening circumstance
4) intervening acts of free will on the part of the defendant
5) inevitable discovery
6) violations of knock and announce
can live witness testimony be excluded on exclusionary rule grounds?
it is difficult
can in-court identification be excluded on exclusionary rule grounds?
A defendant may not exclude a witness’s in-court identification on the ground that it is the fruit of an unlawful detention.
can out-of-court identification be excluded on exclusionary rule grounds?
Unduly suggestive (case-by-case) out-of-court identifications that create a substantial likelihood of misidentification can violate the Due Process Clause of the Fourteenth Amendment.
Court will not consider applying the exclusionary rule unless the unnecessarily suggestive circumstances were arranged by the police.
name the limitations to the exclusionary rule (5)
inapplicable to :
1) grand juries (unless obtained in violation of the federal wiretapping statute)
2) parole revocation proceedings
3) civil proceedings
4) where evidence was obtained contrary only to state law or agency rules
5) good faith reliance on law
exceptions to the limit on exclusionary rule for a good faith reliance on a defective warrant
(1) affidavit lacking in probable cause that no reasonable officer would have relied
(2) affidavit lacking in particularity that no reasonable officer would have relied
(3) officer or prosecutor lied to or misled the magistrate when seeking the warrant.
(4) magistrate is biased
an otherwise voluntary confession taken in violation of the Miranda requirements is admissible for:
impeachment
evidence obtained from an illegal search may be used by the prosecution to:
impeach the defendant’s, but not others’, statements.
harmless error test
If illegal evidence is admitted, a resulting conviction should be overturned on appeal unless:
government can show beyond reasonable doubt that the error was harmless. conviction will be upheld if it would have resulted despite the improper evidence.
In a habeas proceeding where the petitioner claims constitutional error:
petitioner should be released if they can show that the error had a substantial and injurious effect or influence in determining the jury’s verdict;
if the judge is in grave doubt as to the harm, the petition must be granted.
enforcing exclusionary rule - where and by whom is admissibility decided?
as a matter of law by a judge out of the hearing of the jury.
enforcing exclusionary rule - who has burden of establishing admissibility and by what standard?
government bears the burden of establishing the admissibility by a preponderance of the evidence.
enforcing exclusionary rule - D’s right to testify at suppression hearing
The defendant has the right to testify at a suppression hearing without their testimony being admitted against them at trial on the issue of guilt.
