Exclusionary Rule

Question 1

Exclusionary Rule

Answer 1

Remedy for someone whose been, illegally searched or has had a coerced confession to exclude evidence from subsequent criminal prosecution. Defendant entitled to have hearing on admissibility, government bears burden by preponderance of evidence

Question 2

Limitation to Exclusionary Rule

Answer 2

Grand Jury Proceedings, Civil Proceedings, Impeachment Purposes, Parole Revocations

Question 3

Fruit of Poisonous Tree

Answer 3

Exclude illegally siezed evidence, and all evidence obtained or derived from police illegality

Question 4

Exceptions to Fruit

Answer 4

Miranda violation UNLESS police acted in BAD FAITH.

Break Chain Through 3 I’s
Independent Source from original police illegality, Inevitable Discovery, Intervening Acts of Free Will on the part of the Defendant

Question 5

Harmless Error Test for Improper Evidence

Answer 5

Conviction will not necessary be overturned if improper evidenced was admitted AS LONG AS conviction would have resulted despite improper evidence state must prove beyond reasonable doubt