Exclusionary Rule

The Exclusionary Rule is a judicial remedy that excludes from evidence information obtained by the government by violating [...]

constitutional rights

Under the Fruit of the Poisonous Tree Doctrine, evidence derived from […] evidence is excluded

unconstitutionally obtained

For standing to raise a constitutional violation under the Exclusionary Rule, the violation must have happened to them […]

personally

Under the Impeachment Exception for Miranda violations, an un-Mirandized confession can be used to [..1..] the defendant's [..2..] testimony, provided no other unconstitutional means were used to compel the [..3..]

impeach, in-court, confession

Under the Independent Source Rule, evidence is admissible if the prosecution can show it was obtained from a […] of the original illegality

source independent

Under the Inevitable Discovery Exception, unconstitutionally obtained evidence is admissible if the prosecution can show the police would have […] the evidence anyway

inevitably discovered

For a Knock and Announce Rule violation, evidence found inside the premises will NOT be excluded if police [..1..] and announce when required, provided the police had a [..2..] and could have entered anyway

fail to knock, warrant

The Attenuation Exception applies when the connection between the police's unconstitutional conduct and the evidence is [..1..] OR when an [..2..] breaks the chain from the unconstitutional conduct to the evidence

remote, intervening circumstance

Factors considered for the Attenuation Exception include:

• [..1..] proximity between the unconstitutional conduct and the discovery of the evidence,

• [..2..] circumstances, and

• the [..3..] and [..4..] of the police misconduct

temporal, intervening, purpose, flagrancy

An [..1..] act of [..2..] by a defendant will break the causal chain between police misconduct and the evidence

intervening, free will

The Good Faith Exception states the Exclusionary Rule will not be applied if the police were acting in good faith [..1..] on an:

• [..2..]

• [..3..] or

• law that is later [..3..]

reliance, arrest warrant, search warrant,invalidated

The rationale for the Good Faith Exception is that there is no police […] to deter in such situations

misconduct

The Good Faith Exception does NOT apply if the warrant was so […] that no reasonable officer would rely on it (e.g., lacks specificity)

defective

The Good Faith Exception does NOT apply if the officer who applied for the warrant [..1..] or [..2..] the magistrate

lied to, misled

[…] is generally not excluded, even if there was police misconduct involved in discovering the witness

Live witness testimony

An [..1..] of a defendant generally will not be excluded simply because the witness identified the defendant at the police station after an unconstitutional arrest, provided the witness has an [..2..] basis for the identification

in-court identification, independent

Evidence of an out-of-court identification that was unduly [..1..] will generally not be excluded UNLESS the suggestive circumstances were actually [..2..] by the police

suggestive, arranged

The Exclusionary Rule does NOT apply in grand jury proceedings UNLESS the evidence was obtained in violation of the federal […] statute

wiretapping

The Exclusionary Rule does NOT apply in […] proceedings

civil

The Exclusionary Rule does NOT apply […] revocation proceedings

parole

The Exclusionary Rule does NOT apply for […] law violations

state

The Exclusionary Rule does NOT apply for […] rule violations

agency

Under the Harmless Error Test, if unconstitutionally obtained evidence is improperly admitted at trial, a conviction will still be UPHELD if the conviction would have […] despite the improper evidence

resulted

For the Harmless Error Test on appeal, the [..1..] has the burden of showing that the admission of the illegally seized evidence was [..2..] beyond a [..3..]

government, harmless reasonable doubt,