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11 Cards in this Set
- Front
- Back
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General scope of exclusionary rule
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prohibits introduction of all evidence obtained in violation of D's 4th, 5th, and 6th Amendment rights and ALL "fruit of the poisonous tree" unless costs excluding evidence would outweigh deterrent effect on police misconduct
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Exceptions to fruit of the poisonous tree doctrine
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- fruits derived from statements obtained in violation of Miranda
- evidence obtained from source independent of original illegality - D's intervening act of free will - inevitable discovery - violations of knock and announce rule |
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4th Amendment prohibits
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unreasonable searches and seizures; source of exclusionary rule
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5th Amendment contains
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privilege against self-incrimination
prohibition against double jeopardy |
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6th Amendment rights
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- speedy trial
- public trial - trial by jury - confront witnesses - compulsory process for obtaining witnesses - right to counsel for crimes involving imprisonment |
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Exclusionary Rule does NOT apply to
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1) grand juries, civil proceedings, violations of state law, internal agency rules, parole recovation proceedings
2) GOOD FAITH reliance on law, defective search warrant, or clerical error 3) can be used for IMPEACHMENT purposes |
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Evidence from illegal search can be used to impeach
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Defendant's statements (not others statements)
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Can evidence be excluded due to knock and announce violation?
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No!
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Harmless Error Test
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If illegal evidence is admitted, the conviction should be overturned on appeal UNLESS government can show BEYOND A REASONABLE DOUBT that error was HARMLESS
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Does harmless error test apply to denial of right to counsel?
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No!
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Who bears the burden of establishing admissibility of evidence?
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Government by PROPONDERANCE
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