Exclusionary Rule

Clerical error by the court would fall under the?

Good Faith exception.

From 1914-1960 this procedure allowed Federal courts to admit evidence illegally seized by state law enforcement for use in Federal cases.

Silver Platter Doctrine

What is the purpose of the Exclusionary Rule?

To deter Police misconduct.

Weeks v. U.S. stated?

Illegally obtained evidence by Federal Officers was held excluded in all Federal Criminal prosecutions.

The Exclusionary Rule is a ______________ made rule.

Judge

Four exceptions to the Exclusionary Rule are?

1. Good Faith 2. Inevitable Discovery 3. Purged Taint 4. Independent Source

Four type of proceedings to which the Exclusionary Rule does not apply.

1. Sentencing 2. Private Searches 3. Grand Jury Investigations 4. Violations of Agency Rules Only

The first Exclusionary Rule case was decided in what year?

1886

What year was evidence obtained illegally by Federal Officers excluded in all Federal Criminal prosecutions?

1914

The Exclusionary Rule doesn't apply to Grand Jury Investigations because?

A person cannot refuse to answer questions on the grounds that the questions are based on illegally obtained evidence.

Holdings of Arizona v. Evans

An exclusionary rule exception allowing evidence obtained through a warrantless search to be valid when a police record erroneously indicates the existence of an outstanding warrant due to negligent conduct of a Clerk of Court.

Exclusionary Rule means?

Any evidence obtained by the government in violation of the Fourth Amendment guarantee against unreasonable search and seizure is not admissible in a criminal prosecution to prove guilt.

Purged Taint under the Exclusionary Rule means?

Defendant's subsequent voluntary act dissipates the taint of the initial illegality.

Independent Source under the Exclusionary Rule means?

Evidence is admissible if obtained from an independent source not connected with the illegal search & seizure.

Good Faith under the Exclusionary Rule means?

Evidence obtained in error or mistake as long as such error or mistake was honest and reasonable.

Hold Harmless Doctrine?

Evidence that was seized illegally, but they can show the defendant would have been convicted anyway.

The Exclusionary Rule implicates which Amendment?

Fourth

Inevitable Discovery under the Exclusionary Rule means?

If you can prove that the evidence would inevitably have been discovered by any lawful means.

Distinguish between illegally seized evidence and the 'Fruit of the poisonous tree".

Illegally seized evidence would be the tree and anything seized after would be the "fruit of the poisonous tree'.

An argument in support of the Exclusionary Rule may be?

It deters violations of Constitutional Rights by police and prosecutors.

An argument against the Exclusionary Rule may be?

It excludes the most probative, types of evidence - fingerprints, guns and narcotics.

Does every violation of a Constitutional right fall under the Exclusionary Rule?

No

Does the Exclusionary Rule apply to Parole Revocation Hearings?

No, because it doesn't apply to proceeding other than criminal trials.

Does the Exclusionary Rule apply to Civil or Administrative hearings?

No, only Criminal

The Exclusionary Rule doesn't apply to Sentencing because?

Some lower courts have likewise permitted the trial judge to consider illegally obtained evidence in fixing sentence after conviction, even when the same evidence had been excluded during the trial because it was illegally obtained.

The Exclusionary Rule doesn't apply to Private Searches because?

The Fourth Amendment applies only to the actions of Governmental officials

Without a warrant the Burdon of Proof is on the?

The Prosecution

The major effect of Mapp v. Ohio was?

The court held that the Exclusionary Rule was to be applied nationally.

With a warrant the Burdon of Proof is on the?

The defense

The Exclusionary Rule doesn't apply to Violations of Agency Rules Only because?

The evidence admissible if the search violates only an agency rule, but not the Constitution. Such violation does not offend fundamental fairness under the Constitution.

What was the Silver Platter that Mapp v. Ohio broke?

The procedure that permitted Federal Courts to admit evidence illegally seized by State Law Enforcement for Federal cases, as long as Local Law Officials were not acting in conjunction with Federal Officials.