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7 Cards in this Set
- Front
- Back
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? |
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 |
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What's the 'fruit of the poisonous tree' rule?
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If a search is unreasonable, all "fruit" (evidence obtained as a result of that search) must be excluded under both rules.
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What are exceptions to federal constitutional requirement of exclusion?
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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) |
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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? |
Involuntary confession can't be used (because unreliable)
**** TX exclusionary rule has no impeachment exception!!!*** |
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Does Miranda have a "fruit of poisonous tree" rule?
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No.
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Does 4th amendment exclusionary rule apply to "no knock" violations?
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No.
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What are rules for determining standing in residence?
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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. |