Issue 4: to what extent can prosecutors use the evidence gathered in an unconstitutional search and seizure against the defendant in court? exclusionary rule
- Exclusionary rule: Evidence, whether physical or testimonial, that is obtained in violation of a federal statutory or constitutional provision is inadmissible in court against the individual whose rights were violated.
- can use to impeach in cross examine of D
- reasonable mistakes do not compel exclusion (two apartments: officers ceased search as soon as they realized the mistake)
- Evidence derived from unconstitutionally obtained evidence is fruit of the poisonous tree, unless independent source, inevitable discovery by lawful means, attenuation (passage of time and intervening event s restore D’s free will).