Issue Four: Use of evidence in an unconstitutional search

Question 1

To what extent can prosecutors use the evidence gathered in an unconstitutaion search and seizure gainst hte defendant in court?

Answer 1

• Exclusionary Rule: evidence, whether phyisical or tetimonial,that is obtianed in violation of stat or con law, is inadimissiable in court aginast the individual whose rights were violated:

Question 2

Limits to the Exclusionary Rule

Answer 2

1. Cas in chief versus cross exam
2. knock and announce violations
3. police error
4. OFficer’s reasonable mistakes
5. Fruit of the poisonous tree

Question 3

Case-in-Chief versus cross examination

Answer 3

unconstitutionally obtained evidence is excluded from the prosecutor’s case in chief ONLY; it may be introduced to impeach defendant’s testimony on cross.

Question 4

Knock and Annount violations

Answer 4

failure to comply with knock and announce rule does not require suppression of evidence that is subsequently discovered

Question 5

Police Error

Answer 5

to trigger the exclusionary rule, erroneous police conduct must be

deliberate

reckless

or grossly negligent

Question 6

Officer’s reasonable mistakes

Answer 6

Does not apply to evidence erroneously obtained when executing a search warrant provides officer’s mistake was reasonalbe

Question 7

Fruit of the Poisonous Tree: General Principles

Answer 7

• Direct Evidence: most of hte unlawfully seized evidecne that we have addressed thus far has been directly linked to the consittutional violation
• Derivative Evidence: evidence can also be obtained by explointion prior unconst conduct. LIke direct evidence, it is inadmissible in case in cheif

Question 8

FPT: admitting tainted fruit