-[
Independent source exception, inevitable discovery exception, attenuation of the taint, good faith, knock and announce, impeachment, limit use outside of criminal cases
]. o Police use defective warrant, but have objectively reasonable belief that the warrant is valid.
What are the 3 exceptions to the exclusionary rule quizlet?
Officers can rely on a warrant as long as: 1) the warrant was not obtained by fraud; 2) the warrant was not defective on its face; 3) the magistrate did not wholly abandon his judicial role.
What are two exceptions to the exclusionary rule quizlet?
The exclusionary rule means that evidence illegally seized cannot be used in a trial. Therefore, the exclusionary rule requires law enforcement to obtain said evidence legally. Two exceptions to the exclusionary rule are
the good-faith exception and the clerical errors exception
.
Which rule is a recognized exception to the exclusionary rule quizlet?
T/F:
The inevitable discovery, silver platter, and “fruit of the poisonous tree” doctrines
are all currently exceptions to the exclusionary rule.
What are 3 exceptions to the exclusionary rule?
Three exceptions to the exclusionary rule are “
attenuation of the taint
,” “independent source,” and “inevitable discovery.”
What are three exceptions to the fruit of the poisonous tree doctrine?
There are, however, four major exceptions to this rule:
inevitable discovery, attenuation, independent evidence and good faith
.
What is the difference between the exclusionary rule and the fruit of the poisonous tree doctrine?
The exclusionary rule excludes the evidence initially used to obtain the search warrant, and the fruit of the poisonous tree doctrine
excludes any evidence obtained in a search of the home
.
What is the exclusionary rule and what are its three primary purposes?
The exclusionary rule
prevents the government from using most evidence gathered in violation of the United States Constitution
. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.
What is the main idea behind the exclusionary rule quizlet?
The main purpose of the exclusionary rule is
to deter the government (primarily the police) from violating a person's constitutional rights
: If the government cannot use evidence obtained in violation of a person's rights, it will be less likely to act in contravention of those rights.
What is the major purpose of the exclusionary rule?
The purpose of the rule is
to deter law enforcement officers from conducting searches or seizures in violation of the Fourth Amendment and to provide remedies to defendants whose rights have been infringed
.
What is an example of the exclusionary rule?
For example, if a defendant is arrested illegally,
the government may not use fingerprints taken while the defendant was in custody as evidence
. Because police would not have obtained the fingerprints without the illegal arrest, the prints are “fruit of the poison tree.”
What is the good faith exception to the exclusionary rule?
Leon, the Court created the “good-faith” exception to the exclusionary rule. The good-faith exception applies when
officers conduct a search or seizure with “objectively reasonable reliance” on
, for example, a warrant that is not obviously invalid but that a judicial magistrate should not have signed.
How does the exclusionary rule work quizlet?
The exclusionary rule allows
the use of evidence obtained by officers who act in reasonable reliance on a search warrant that is later declared
. Warrantless non-consensual entry of a residence by police to arrest an overnight guest violates the Fourth Amendment.
Which of the following is one of the four general exceptions to the exclusionary rule quizlet?
True or False: The four categories of exceptions to the exclusionary rule are
good faith, inevitable discovery, purged taint, and independent source
.
Which of the following is considered an exception to the exclusionary rule?
One of the most important exceptions to the exclusionary rule is the
exception for tangible evidence
. If the police discover tangible evidence based on statements obtained in violation of Miranda, the prosecution may be able to use that evidence against the defendant at trial.
What is the purpose of the exclusionary rule and what are the exceptions to it?
American courts use the exclusionary rule
to deter police officers and other government agents from abusing constitutional rights
. According to the rule, courts will suppress evidence that the government obtains through unconstitutional conduct—often an unlawful search or seizure.
