Independent Source Doctrine: If police obtain evidence illegally, but also obtain the same evidence through an independent, legal means,
the evidence is admissible
. … If a defendant was illegally stopped, but a valid outstanding arrest warrant is later discovered, evidence obtained during the stop may be admissible.
What are the 3 exceptions to the exclusionary rule?
Three exceptions to the exclusionary rule are “
attenuation of the taint,” “independent source,”
and “inevitable discovery.”
Do you exclusionary rule states that if evidence is found during an illegal search it?
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 are the exceptions to the exclusionary rule quizlet?
-[
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 is the purpose of excluding illegally obtained evidence?
The exclusionary rule is designed
to protect privacy rights
, with the Fourth Amendment applying specifically to government officials. Standing requirement: Evidence can only be suppressed if the illegal search violated the person’s own (the person making the court motion) constitutional rights.
What are 4 Exceptions that will allow evidence to be entered in spite of a Miranda violation?
- When questioning is necessary for public safety.
- When asking standard booking questions.
- When the police have a jailhouse informant talking to the person.
- When making a routine traffic stop for a traffic violation.
What is the exclusionary rule in simple terms?
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 are the three exceptions to the fruit of the poisonous tree doctrine?
The rule says that if any evidence is acquired by illegal means, it cannot be used against the defendant in a court of law. There are, however, four major exceptions to this rule:
inevitable discovery, attenuation, independent evidence and good faith
.
What are exceptions to the Fourth Amendment?
Other well-established exceptions to the warrant requirement include
consensual searches
, certain brief investigatory stops, searches incident to a valid arrest, and seizures of items in plain view. There is no general exception to the Fourth Amendment warrant requirement in national security cases.
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 evidence is admissible?
To be admissible in court, the
evidence must be relevant
(i.e., material and having probative value) and not outweighed by countervailing considerations (e.g., the evidence is unfairly prejudicial, confusing, a waste of time, privileged, or based on hearsay).
What is the exclusionary rule and how did it evolve?
The exclusionary rule was created by the Supreme Court over 100 years ago in Weeks v. United States
1
. The rule states that
evidence seized by law enforcement officers as a result of an illegal search or seizure in violation of the Fourth Amendment is excluded from a criminal trial
.
What is improperly obtained evidence?
Technically illegally obtained evidence is evidence gathered as a result of a gross violation of a suspect’s rights which may lay the perpetrator or the State open to liability, whereas improperly obtained evidence may result from
some deceit which may be unfair or improper without bearing the additional taint of being
…
What are the 6 exceptions to the Miranda rule?
The suspect is being asked questions that are standard booking procedures
.
The situation involves an emergency hostage situation or negotiation
.
The person is unaware that they are speaking with a police officer
.
The police questions is necessary for preserving public safety
.
Are there any exceptions to the Miranda rule?
Answer: There’s three primary exceptions that we sort of talk about in law school. One of them is
the routine booking question exception
. And that’s basically a situation where the police question someone, but it’s not really interrogation.
Can your charges be dropped if Miranda rights aren’t read?
Question: Can a case be dismissed if a person is not read his/her Miranda rights? Answer:
Yes
, but only if the police have insufficient evidence without the admissions made.
