crim pro - Exclusionary Rule.txt

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  1. Exclusionary rule
    unconstitutionally obtained evidence and fruits of the poisonous tree inadmissible.
  2. Fruit of the poisonous tree
    • Not only must illegally obtained evidence be excused, but also ALL evidence obtained or derived from exploitation or the original police illegality
    • Courts will BALANCE purpose of ER (deterrence of govt misconduct) against cost (excluding probative evidence). wonÂ’t apply when unlikely to deter
  3. Exceptions to the exclusionary rule?
    • 1) Fruits derived from Miranda violations
    • 2) independent source
    • 3) Defendant's intervening act of free will
    • 4) inevitable discovery
    • 5) violations of knock-and-announce rule
  4. Limitations to Exclusionary Rule?
    • 1) grand juries,
    • 2) civil proceedings,
    • 3) parole revocation proceeings,
    • 4) impeachment,
    • 5) good faith reliance on legal precedent, defective search warrant, or clerical error
  5. Will a conviction be overturned on appeal, because of illegal evidence?
    • Court applies harmless error test.
    • Conviction will be upheld if the conviction would have resulted despite the improper evidence.
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crim pro - Exclusionary Rule.txt
2013-07-17 05:13:43
ca bar crim pro exclusionary rule

ca bar crim pro exclusionary rule
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