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8 Cards in this Set

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  • Back
Scope of the Federal Constitutional Exclusionary Rules
Intro card
A defendant must have standing:
1. D's objection must be based upon a violation of her underlying rights.
2. Search situations: this means that the search must have intruded upon the D's own privacy interests
3. Standing as applied to vehicles: Person only a passenger in a vehicle when it is searched does not have standing to challenge the search.
Fruit of the Poisonous Tree rule?
If a search is unreasonable, all "fruit" (evidence obtained as a result of that search) must be excluded under both rules.
Exceptions to federal Constitutional Requirement of Exclusion:
1. Attenuation of Taint: the link in the chain between the police illegality and discovery of the evidence is attenuated.
2. Good Faith: reasonable officer would believe that the actions taken were reasonable, because of:
a. a warrant, or
b. a statute later held invalid
3. Inevitable Discovery: the evidence would inevitably have been obtained legally
Impeachment exception to the Federal Rule
A Defendant who takes the witness stand can be impeached by some otherwise inadmissible evidence
1. Evidence obtained in violation of Miranda or in an unreasonable search can be used to impeach
2. Involuntary confession can't be used to impeach (b/c involuntariness makes it unreliable).
Rules for Determining Standing in Residence
1. Mere authorized presence in premises searched is not enough.
2. Presence pursuant to a short and commercial stay is not enough
3. Presence as part of an overnight personal visit IS enough
The good faith exception to the 4th amendment exclusionary rule does not apply to most police action taken when?
Without a warrant.
Evidence officers obtain by an improper search becomes admissible is the prosecution shows 2 things.
1. Officers would inevitably have obtained that evidence if they had not illegally searched; and
2. They would have obtained the evidence in a constitutional manner