Criminal Procedure - Exclusionary Rule

Front 1

Exclusionary Rule Defined

Back 1

Unconstitutionally obtained evidence is inadmissible at trial & all Fruits of a Poisonous Tree (evidence obtained from unconstitutional police conduct) must be excluded.
-->Prohibits introduction of evidence OBTAINED IN VIOLATION OF D'S
- FOURTH (unreasonable searches & seizures (arrests)),
- FIFTH (Miranda, self-incrimination),
- & SIXTH (right of assistance of counsel)
RIGHTS in order to deter unlawful police conduct.

Front 2

EXCEPTIONS to Exclusionary Rule: (5)

Back 2

1) Statements & physical evidence obtained in VIOLATION OF MIRANDA;
2) Evidence obtained from an INDEPENDENT SOURCE from original illegality;
3) INEVITABLE DISCOVERY;
4) INTERVENING ACT OF FREE WILL BY D;
5) VIOLATION OF THE KNOCK & ANNOUNCE RULE.

Front 3

Limitations on the Exclusionary Rule:

Back 3

INAPPLICABLE to:
- Parole hearings;
- Grand juries;
- Civil proceedings, violations of state law, internal agency rules

Front 4

Use of Excluded Evidence for IMPEACHMENT Purposes - may still be used at trial

Back 4

Some illegally obtained evidence may still be used to impeach D's credibility if he takes the stand at trial:
- Otherwise VOLUNTARY CONFESSION taken in violation of Miranda - admissible to impeach D.
- Evidence obtained from an illegal search may be used by prosecution to impeach D's, but not other's, statements.

Front 5

Exclusionary Rule does not apply to: Good Faith reliance on law, defective search warrant, or clerical error.
- Good Faith exemption:

Back 5

- When police act in GF reliance on search warrant that lacks PC -- but exclusionary rule DOES apply if: underlying affidavit so lacks PC that it can't be reasonably relied upon; or the warrant is defective on its face, or the police lied to magistrate.