Crim Pro Final Exam Chapter 10: Exclusionary Rule & Entrapment

What is the exclusionary rule?

Evidence obtained as a result of a Fourth Amendment violation is inadmissible in a criminal prosecution to establish defendant’s guilt

What is derivative evidence (fruit of the poisonous tree)?

Evidence discovered as a result of unlawfully seized evidence; also excluded from evidence 

What did Weeks v. United States establish?

Evidence seized in an unreasonable search violating the Fourth Amendment is excluded from federal courts (1914)

What did Mapp v. Ohio establish?

Extended the federal exclusionary rule to state and local courts (1961) - incorporated exclusionary rule against states

How did United States v. Calandra characterize the exclusionary rule?

“A judicially created remedy designed to safeguard Fourth Amendment rights through its deterrent effect rather than a personal constitutional right”

What is the “constitutional rights” justification (Justice Clarke in Mapp)?

The exclusionary rule is an “essential ingredient” of the Fourth Amendment; failure to recognize it is to “grant the right but withhold its privilege”

What is the “deterrence” justification?

The purpose is to deter police and “compel respect for constitutional guaranty…by removing the incentive to disregard it”

What is the “judicial integrity” justification?

Courts must not be seen turning a blind eye to law-breaking by governmental officials

What is the first step in challenging a search?

File a pretrial motion to suppress

Who has burden of proof when search is based on a warrant?

Defendant has burden of proof

Who has burden of proof when police act without a warrant?

Burden shifts to the government

What is harmless error (Chapman v. California)?

Requires prosecution to establish beyond reasonable doubt that there is no reasonable probability the evidence influenced trial outcome

What is standing in the exclusionary rule context?

Whether defendant has both subjective and objectively reasonable expectation of privacy in the area searched (Alderman v. United States)

Who typically has burden or proof for standing?

The defendant

Give three examples where petitioners lacked standing

(1) Automobile passengers, (2) Unauthorized rental car use, (3) Non-overnight guests, (4) No possessory interest in seized items

What is the general principle for exceptions?

Modest additional deterrence is outweighed by cost to society of excluding evidence

What is the collateral proceedings exception?

Unlawfully seized evidence admissible in proceedings not part of formal trial (bail, preliminary hearings, grand jury, sentencing, parole revocation

What is the attenuation exception?

Exclusionary rule doesn’t apply when connection between unreasonable search and seizure is weak (attenuated); “dissipating/purging the taint”

What is the good faith exception (United States v. Leon)?

Evidence admissible when officer acts with objectively reasonable good faith belief that conduct is lawful, even if later determined illegal

When does good faith NOT apply to warrant reliance?

When: (1) Police aware warrant lacks probable cause, (2) Warrant is “fatally flawed,” (3) Magistrate not “neutral and detached”

What did Massachusetts v. Sheppard establish?

Officer should not be expected to “disbelieve a judge who has just advised him… that the warrant authorizes the search”

What did Illinois v. Krull establish?

Good faith applies to reliance on legislation: “Unless statue is clearly unconstitutional, officer cannot be expected to question legislature’s judgment”

What did Arizona v. Evans establish?

Good faith applies to reliance on data entered by court employee; clerical errors are isolated, so suppression won’t deter future mistakes

What is the independent source doctrine?

Evidence unlawfully seized is admissible where police demonstrate evidence was also obtained through independent and lawful means

What is the inevitable discovery rule (Nix v. Williams)?

Evidence seized from unconstitutional search admissible where government proves by preponderance that evidence would have been inevitable discovered lawfully

What is the impeachment exception?

Evidence seized in unlawful search may be used to impeach a defendant who takes the stand and testifies inconsistently

What did Harris v. New York establish?

Miranda cannot be “perverted into a shield” that permits defendant to “use perjury” without “risk of confrontation with prior inconsistent utterances”

What is entrapment?

“The conception and planning of an offense by an officer, and his procurement of its commission by one who would not have perpetrated it except for trickery, persuasion, or fraud”

What are the two competing standards for entrapment (Sherman v. United States)?

(1) Subjective test, (2) Objective test

What is the subjective test for entrapment?

Focuses on defendant; asks whether accused possessed criminal intent/predisposition or whether government “created” the crime. “But for” government, would accused have broken law?

What are the two steps of the subjective test?

(1) Determine whether government induced the crime, (2) Evaluate whether defendant possessed “predisposition” to commit the crime

Who follows which test?

SUBJECTIVE - federal government and most states; OBJECTIVE - Model Penal Code and minority of states