CJUS 6~ (exclusionary rule)

fruit of the poisonous tree

The officers obtained physical evidence from an illegally obtained confession. the trial judge excluded the confession and the physical evidence from introduction at the trial under the __________ doctrine

public safety

the _____ ________ exception to the Exclusionary rule originates from the Supreme court’s decision in New York v. Quarles, in which the supreme court held that a suspect’s testimony as to the location of a gun was admissible evidence

Inevitable discovery

based on the following facts, the evidence would be admissible at trial under the __________ _________ exception of the exclusionary rule

-a police officer stops you legally, but searches you illegally

-the officer find illegal drugs on you, in your pants pockets

-you are arrested, the officer checks your name for warrants, learns there is an arrest warrant for you,

-based on the totality of the circumstances- the drug evidence can be admitted, not admissible if there was no warrant for you

good faith

This case became known as the ___________ exception to the exclusionary rule

-police receive a tip identifying two people as drug dealers. police began surveillance of their homes, follow up leads

-based on this surveillance and information from a. second informant, a detective wrote an affidavit and a judge issued a search warrant

-the police conducted the search, but the search warrant was later found to be invalid because the police lacked the probable cause for a warrant to be issued in the first place

-the evidence obtained in the search was upheld anyway, because the police performed the search in reliance on the warrant. there was no misconduct on the part of the police during the investigation stages or in representing p.c. for search warrant

T

T or F- the exclusionary rule does not affect the jurisdiction of any court to try a person for a crime, the rule applies only to evidence

F

T or F- A passenger in a motor vehicle does not have standing to object to the admission of evidence discovered as the result of an illegal vehicle stop

T

T or F- A passenger in a motor vehicle, legally pulled over, has no legitimate expectation of privacy in the area searched and therefore suffers no invasion of their Fourth amendment rights

T; Segura v. United States

T or F- the following case as described below is an exception to the poisonous tree doctrine where evidence obtained under the search warrant was admissible.

police officers illegally entered in apartment, secured it, and then remained there for about 19 hours until a search warrant arrived. the source of the information on which the warrant was based came from sources entirely separate from the illegal entry and was known to the officers well before that entry. The court decision that best supports your answer based on the scenerio described is:

T

T or F- the consent to a search may purge the taint of the stop or arrest that was conducted in violation to the Fourth amendment

e. when a judge suppresses evidence pursuant to the exclusionary rule, the prosecutor must dismiss the charge against the defendant that relates directly to the suppressed evidence

Identify the statement that is false

a. an illegal search, an illegal seizure, and an illegal arrest, or illegal iterrogation

The exclusionary rule prevents the government from using evidence in trial which was derived from: