Exclusionary Rule

Question 1

Does the exclusionary rule apply to grand jury proceedings?

Answer 1

no

Question 2

Can a grand jury witness be compelled to testify based on illegally seized evidence?

Answer 2

yes

Question 3

The exclusionary rule applies to what kinds of cases?

Answer 3

criminal only, not civil

Question 4

Does the exclusionary rule apply to parol revocation hearings?

Answer 4

no

Question 5

Can illegally obtained evidence be used in trial to impeach the statements of a defendant who has taken the stand?

Answer 5

yes

Question 6

Is exclusion of illegally obtained evidence a remedy for violations of the knock and announce rule in the execution of search warrants?

Answer 6

no

Question 7

Fruit of the Poisonous Tree

Answer 7

the exclusionary rule applies to all illegally seized evidence and all evidence obtained or derived from police illegality.

Question 8

The Fruit of the Poisonous Tree Doctrine does not apply to . . .

Answer 8

Miranda violations, unless the police acted in bad faith.

Question 9

What are the ways the government can break between the original unlawful search and seizure and the fruit of the poisonous tree such that that evidence can be admissible in court?

Answer 9

1) the government could show that it had an independent source for that evidence, independent of that original police illegality; 2) inevitable discovery by the police; or 3) intervening acts of freewill on the part of the defendant.

Question 10

Can live testimony be excluded as fruit of the poisonous tree?

Answer 10

not really

Question 11

Can a defendant exclude a witness’s in-court identification of the defendant on the grounds that it is an unlawful detention?

Answer 11

no

Question 12

Good Faith Exception

Answer 12

an exception to the fruit of the poisonous tree doctrine, where an officer relies in good faith on a valid arrest or search warrant, the officer overcomes defects with the probable cause or particularity requirements for a warrant.

Question 13

When can an officer not claim the good faith exception?

Answer 13

1) when a warrant is so lacking in particularity that no reasonable officer would have relied on it; 2) when the officer or prosecutor lied to or misled the magistrate when seeking the warrant; or 3) if the magistrate is biased and therefore has wholly abandoned his or her neutrality.

Question 14

A conviction will not necessarily be overturned because improperly obtained evidence was admitted at trial if . . .

Answer 14

under the harmless error test, it was found that the conviction would have been upheld even if the improper evidence had been excluded.

Question 15

On appeal, the reviewing court has the burden of showing ____________________ that the admission of improper evidence was harmless.

Answer 15

beyond a reasonable doubt.