Exclusionary Rule/Fruit of Poisonous Tree Flashcards
(11 cards)
What is the Exclusionary Rule?
Evidence obtained in violation of the defendant’s 4th, 5th, or 6th Amendment rights is inadmissible in a criminal case.
What does the Fruit of the Poisonous Tree Doctrine state?
All evidence obtained as a result of the constitutional violation is inadmissible.
Does the Fruit of the Poisonous Tree Doctrine apply to Miranda violations?
No, it does NOT apply to Miranda violations.
What happens to a statement obtained in violation of Miranda?
It is inadmissible in the prosecution’s case-in-chief but can be admitted to impeach the defendant.
What is admissible from a voluntary statement taken in violation of Miranda?
Evidence obtained from a voluntary statement is admissible.
What constitutes a violation of Miranda?
The police fail to give Miranda warnings before a custodial interrogation or fail to cease interrogation after the right to remain silent or counsel is invoked.
In the example given, why is the murder confession inadmissible?
Because the suspect was not given proper Miranda warnings.
Why is the murder weapon admissible in the example?
Because evidence obtained from voluntary statements, even if in violation of Miranda, is admissible.
What are the exceptions to the exclusionary rule?
The police had an independent source, discovery was inevitable, attenuation in the causal chain, or reliance in good faith.
What does it mean if there is attenuation in the causal chain?
Intervening events and the passage of time can remove the taint of the original illegal source.
What does good faith reliance on the law mean in the context of the exclusionary rule?
The police relied on existing law that was later declared unconstitutional or a warrant that was facially valid but later found defective.
