crim pro - Exclusionary Rule.txt
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unconstitutionally obtained evidence and fruits of the poisonous tree inadmissible.
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). wont apply when unlikely to deter
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
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
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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