General Rules

What amendment governs the searches and seizures?

Fourth Amendment

What does the fourth amendment state?

People shall be free from unreasonable searches and seizures.

What amendment governs self-incrimination?

Fifth amendment.

What amendment governs double jeopardy?

Fifth Amendment

What amendment is the cruel and unusual punishments clause?

Eighth Amendment.

What amendment governs excessive fines?

Eighth Amendment

What amendment governs right to assistance of counsel?

Sixth Amendment

What amendment governs speedy trial, public trial, trial by jury?

Sixth Amendment

What amendment contains the confrontation clause?

Sixth Amendment

What amendment governs the compulsory process for obtaining witnesses?

Sixth Amendment

What is the exclusionary rule?

Generally, the exclusionary rule prohibits the introduction of evidence obtained in violation of a defendant’s Fourth, Fifth, or Sixth Amendment rights unless the cost of excluding probative evidence outweighs the deterrent effect on police misconduct.

What is the fruits of the poisonous tree doctrine?

Any evidence derived from the excluded evidence will also be excluded unless an exception applies.

What are the exceptions to the fruits of the poisonous tress doctrine?

(1) the fruits were derived from statements obtained in violation of miranda;

(2) evidence obtained from a source independent of the excluded evidence;

(3) the connection between the excluded evidence and the fruits is remote or some intervening circumstance cut it off

(4) the police would have discovered the evidence anyway;

(5) violations of the knock and announce rule.

When does the exclusionary rule not apply?

The exclusionary rule does not apply when the police relied on a warrant in good faith that was later found invalid. Reliance is not in good faith if: (1) the affidavit supporting the warrant was so lacking of probable cause; (2) the affidavit supporting the warrant was so lacking of particularity; or (3) the police officer or prosecutor lied to or mislef the magistrate when seeking the warrant.