Criminal Procedure Exclusionary Rule

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Exclusionary Rule

Back 1

Under the Exclusionary Rule, and evidence that has been obtained by way of an illegal search or a coerced confession can have the product of that illegal search or that coerced statement excluded from any subsequent criminal prosecution.

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Exclusionary Rule, Exceptions

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(1) grand jury proceedings, (2) civil proceedings, (3) parole revocation proceedings, AND (5) impeachment of the defendant (not other witnesses). This rule will not exclude evidence obtained in violation of the knock and announce rule or when police relied in good faith on a defective warrant.

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The Fruit of the Poisonous Tree doctrine

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will exclude any illegal seized evidence, BUT ALSO exclude all evidence obtained or derived from police illegality.

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The Fruit of the Poisonous Tree doctrine, Exceptions

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Does not apply to Miranda violations, unless the police act in bad faith in obtaining such information.

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The Fruit of the Poisonous Tree doctrine, Breaking the Chain

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(1) Independent source for that evidence, (2) Inevitable discovery, (3) Intervening acts of free will on the part of the defendant, or (4) Attenuation

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Result, Convictions

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Convictions will not necessarily be overturned because improperly obtained evidence was admitted at trial. On appeal, the court will apply the “harmless error” test