Criminal Procedure

Front 1

When may inadmissible evidence from an illegal serach or illegal seizure be admitted into evidence?

Back 1

Otherwise inadmissible evidence of an unlawful search or illegal seizure may yet be admitted into evidence provided the taint is dissipated or purged by either
(1) Independent Evidence - evidence obtained froma source independent of the original illegality
(2) Inevitable Discovery - evidence which would have been discovered regardless of the illegality; espite a violation of right ot counsel in eliciting D's confession the court held that discovery of the victim''s body was not a suppressible fruit of the confession since the police already knew of the D's direction of flight and had found articles of the victim's clothing in the area.
(3) Intervening Act of Free WIll by the Defendant - (i.e. a subsequent confession after release).

Front 2

Limitations of the Exclusionary Rule:

Back 2

(1) In-court Identification
(2) Grand Juries

(1) In-court Identifications - a witness' in-court identification of the defendant may not be excluded as a fruit of an unlawful detention where the victim's knowledge of the D's identity was acquired PRIOR to the illegal arrest.
(2) Grand Juries - exclusionary rule has not been extended to grand juty proceedings. Therefore, an indictment may be based on illegally obtianed evidence. also a gradn jury may base its indictment on evidence which would be inadmissible herasy at trial.