Criminal Procedure And Evidence: Exclusionary Rule

Front 1

Under federal constitutional and TX statutory exclusionary rules, a D. must have "standing" D's objection must be based upon a violation of her underlying rights.

What implications for:
1) Search situations?
2) Vehicles?
3) Passenger in car?

Back 1

1) Search must have intruded upon D's privacy

2) Person only a passenger in a vehicle when it's searched does not have standing to challenge search

3) BUT passenger in car is "seized" if car is stopped and therefore passenger can challenge that seizure

Front 2

What's the 'fruit of the poisonous tree' rule?

Back 2

If a search is unreasonable, all "fruit" (evidence obtained as a result of that search) must be excluded under both rules.

Front 3

What are exceptions to federal constitutional requirement of exclusion?

Back 3

1) Attenuation of taint: number and nature of the links between the illegality and police acquisition of the evidence may be such that the taint becomes attenuated (also applies under the TX rule);

2) Good Faith: reasonable officer would believe actions taken were reasonable because:
- a warrant; or
- a statute later held invalid;

3) Inevitable discovery (evidence would inevitably have been obtained legally)

Front 4

Impeachment Exception to Federal Rule:

A D. who takes witness stand can be impeached by otherwise inadmissible evidence. Evidence obtained in violation of Miranda or unreasonable search can be used.

What can't be used to impeach?

Back 4

Involuntary confession can't be used (because unreliable)

**** TX exclusionary rule has no impeachment exception!!!***

Front 5

Does Miranda have a "fruit of poisonous tree" rule?

Back 5

No.

Front 6

Does 4th amendment exclusionary rule apply to "no knock" violations?

Back 6

No.

Front 7

What are rules for determining standing in residence?

Back 7

1) Mere unauthorized presence in premises searched is not enough.

2) Presence pursuant to short and "commercial" stay is not enough.

3) Presence as part of overnight personal visit is enough.