Exclusionary Rule Exceptions

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Questions and Answers

What are arguments in favor of the exclusionary rule?

Letting guilty go free

Deter bad police behavior (correct)

Judicial integrity (correct)

Not required by constitution

What are arguments against the exclusionary rule?

Letting guilty go free (correct)

Not required by constitution (correct)

Deter bad police behavior

Judicial integrity

What does balancing refer to in the context of the exclusionary rule?

Deterrence value versus costs of excluding evidence

Exceptions to the exclusionary rule include ______.

Independent source exception, inevitable discovery exception, attenuation of the taint, good faith, knock and announce, impeachment, limit use outside of criminal cases. Signup and view all the answers

What is the good faith exception?

Police use a defective warrant but have an objectively reasonable belief that the warrant is valid. Signup and view all the answers

Who gets to invoke the exclusionary rule?

A person whose own Fourth Amendment rights were violated. Signup and view all the answers

Can a person have a legitimate expectation of privacy in someone else's home?

False Signup and view all the answers

What is the Fruit of the Poisonous Tree doctrine?

Expansion of the exclusionary rule - not really an exception. Signup and view all the answers

What exceptions allow the exclusionary rule to not extend to derivative evidence?

Attenuation, independent source, inevitable discovery. Signup and view all the answers

What factors are considered in attenuation?

Time between illegality and fruit, nature of the fruit, interviewing circumstances, witness vs suspect, flagrance of misconduct. Signup and view all the answers

What does the independent source doctrine require?

No information gained from illegal entry affected law enforcement's decision to seek a warrant. Signup and view all the answers

What is the principle of inevitable discovery?

If evidence could have been discovered by legal means, it isn't excluded. Signup and view all the answers

Does the exclusionary rule apply to knock and announce violations?

False Signup and view all the answers

What is impeachment in relation to the exclusionary rule?

Defendants must testify truthfully or suffer the consequences; evidence can be used to impeach once they testify. Signup and view all the answers

What are other limitations on the exclusionary rule?

Doesn't apply in grand jury proceedings or civil trials; habeas corpus relief cannot be granted based on failure to exclude evidence. Signup and view all the answers

Study Notes

Arguments in Favor

Deters misconduct by law enforcement, promoting accountability.
Enhances integrity of judicial proceedings by excluding improperly obtained evidence.

Arguments Against

Risks acquitting guilty individuals, undermining justice.
Not explicitly mandated by the Constitution, leading to debates on its necessity.

Balancing

Weighs the deterrent effect of excluding evidence against the potential costs to justice.

Exceptions to the Exclusionary Rule

Independent Source Exception: Evidence obtained legally from separate sources.
Inevitable Discovery Exception: Evidence that would have been found through lawful means.
Attenuation of the Taint: Factors that lessen the connection between illegal act and evidence.
Good Faith Exception: Protects law enforcement if they reasonably believe a warrant is valid.
Knock and Announce Violations: No exclusion for failure to knock and announce.
Impeachment: Evidence can be used to challenge a defendant's credibility if they choose to testify.
Limitations on use outside of criminal cases.

Good Faith Exception

Applies when officers act under a defective warrant but believe in its validity, covering mistakes such as clerical errors.
Admin search exceptions exist under defective statutory frameworks.

Invocation of the Exclusionary Rule

Can only be invoked by individuals whose own Fourth Amendment rights have been violated, not by third parties.

Legitimate Expectation of Privacy

Fourth Amendment protections are contingent on the individual's reasonable expectation of privacy.
Social and overnight guests can have privacy rights, while commercial guests typically do not.

Fruit of the Poisonous Tree

An extension concept of the exclusionary rule, indicating that evidence resultant from illegal actions is also inadmissible.

Exclusionary Rule and Derivative Evidence

Exclusion principle applies to derivative evidence except when exceptions exist, namely attenuation, independent source, or inevitable discovery.

Attenuation

Assesses factors like the time elapsed between illegal action and obtained evidence, context of the acquisition, and severity of police misconduct.

Independent Source

Validates evidence from a warrant issued after an initial illegal entry, provided that no illegal information influenced the warrant acquisition.

Inevitable Discovery

Asserts that evidence likely to be discovered through legal means is not subject to exclusion; mere speculation is insufficient for this exception.

Knock and Announce Violations

The exclusionary rule does not apply to breaches of the "knock and announce" requirement.

Impeachment

Defendants must truthfully testify; their prior misleading statements can be contested using inadmissible evidence once they testify.

Other Limitations on the Exclusionary Rule

Does not apply in grand jury settings, civil trials, or for habeas corpus motions based on exclusion failures; relevant only to constitutional violations.

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Description

This quiz explores the exceptions to the exclusionary rule in legal contexts. It covers arguments for and against the rule, including concerns about police behavior and judicial integrity. Additionally, it presents concepts related to balancing deterrence and the costs of excluding evidence.