05 Exclusionary Rule

The Exclusionary Rule is a […] doctrine prohibiting introduction of evidence obtained via violations of a defendant's 4th, 5th, or 6th Amendment rights.

judge-made

Under the Exclusionary Rule, unconstitutionally obtained evidence is generally […] at trial.

inadmissible

"Fruit of the Poisonous Tree" refers to evidence obtained from [..1..] of unconstitutionally obtained evidence.

exploitation

Fruit of the Poisonous Tree must be excluded unless the costs of exclusion outweigh the […] effect on police misconduct.

deterrent

An exception to the Fruit of the Poisonous Tree doctrine applies to fruits derived from statements obtained in violation of […].

Miranda

The […] doctrine allows admission of tainted evidence if it was also discovered through a source independent of the original illegality.

independent source

The […] doctrine applies if the connection between unconstitutional police conduct and the evidence is remote or interrupted by an intervening circumstance.

attenuation

An intervening act of […] by the defendant can establish attenuation, breaking the causal link to tainted evidence.

free will

Under the […] doctrine, evidence is admissible if the prosecution shows police would have discovered it lawfully regardless of unconstitutional conduct.

inevitable discovery

T/F: Evidence obtained following a violation of the knock and announce rule is generally excluded as Fruit of the Poisonous Tree.

F

T/F: Live witness testimony is readily excluded if the witness's identity was discovered through an illegal search.

F

A defendant generally cannot exclude a witness's in-court identification even if it is the fruit of an […].

unlawful detention

Unduly suggestive out-of-court identifications creating a substantial likelihood of misidentification may violate the […] Clause.

Due Process

For an out-of-court identification to be excluded due to suggestiveness, the suggestive circumstances must have been arranged by […].

the police

The exclusionary rule is generally inapplicable to […] proceedings, unless a federal wiretapping statute was violated.

grand jury

The exclusionary rule is inapplicable in [..1..] proceedings and [..2..] proceedings.

parole revocation, civil

T/F: Evidence obtained in violation only of state law, but not federal constitutional law, must be excluded under the federal exclusionary rule.

F

The […] exception to the exclusionary rule applies when police rely on a warrant or law later found defective, provided their reliance was reasonable.

good faith

An exception to good faith reliance on a warrant exists if the underlying affidavit is so lacking in […] that no reasonable officer would rely on it.

probable cause

Good faith reliance on a warrant does not apply if the issuing magistrate was [..1..] and abandoned their [..2..].

biased, neutrality

An exception to good faith reliance on a warrant exists if the affidavit underlying the warrant was so lacking in [..1..] that no reasonable police officer would have relied on it, or if the magistrate wholly abandoned their [..2..].

probable cause, neutrality

Illegally obtained evidence, though inadmissible for the prosecution's case-in-chief, may be used to […] the defendant's credibility if they testify.

impeach

A voluntary confession taken in violation of Miranda requirements is admissible for […] purposes.

impeachment

Evidence obtained from an illegal search may be used by the prosecution to impeach the [..1..] statements, but not the statements of [..2..].

defendant's, other witnesses

Exclusion is not an available remedy for violations of the […] rule pertaining to warrant execution.

knock and announce

If illegally obtained evidence is admitted, a conviction will be overturned unless the government proves the error was […] beyond a reasonable doubt.

harmless

In a federal habeas proceeding, a petitioner must show that a constitutional error had a [..1..] and [..2..] effect or influence in determining the jury's verdict.

substantial, injurious

In a habeas proceeding, if the judge is in […] as to the harm of a constitutional error, the petition must be granted.

grave doubt

The admissibility of evidence or a confession under the exclusionary rule is decided by a […] as a matter of law.

judge

The government bears the burden of establishing the admissibility of challenged evidence by a […] of the evidence.

preponderance

T/F: A defendant's testimony at a suppression hearing can be used against them at trial on the substantive issue of guilt.

F