Exclusiinary Rule and Fruit of Poisonous Tree

Exclusionary rule

Prohibits government from using evidence obtained in violation of Constitution (4th amendment)

Fruit of the poisonous tree

Bans the use of evidence that is derived by illegal act by law enforcement

Evidence directly

illegal search of a home

Evidence indirectly

Confession, witness names

If police go in a home without a warrant and find drugs hidden (would be suppressed/ not allowed)

Fruit of the poisonous tree

Protection Constitutional rights

Ensures that law enforcement respects individual rights

Deterrence

Deters police misconduct by removing the incentive to conduct illegal searches and seizures

Judicial integrity

Prevents courts from becoming complicit in constitutional violations

4th amendment

Protects against “unreasonable searches and seizures”

5th amendment

Protects against self- incrimination

14th amendment

Applies these protections to state action

Exceptions: good faith exception

Evidence is admissible if law enforcement gets a warrant

Exceptions: inevitable discovery doctrine

Illegally obtained evidence can be admitted if it would been discovered anyways by lawful mean ms

Expectations: independent source doctrine

Evidence initially found through illegal means can still be admitted if later obtained independently through legal means

No standing/ third party rule

A defendant cannot challenge a search or seizure if their own rights weren’t violated