The Exclusionary Rule
Exclusionary Rule
What is evidence obtained in violation of the U.S. Constitution from being used in court?
Invoking the Exclusionary Rule
What is constitutional rights being violated?
Standing
What is a legal concept that determines whether a person can legally file a lawsuit or submit a petition to the court?
Knock and Announce Rule
What is the rule that does not require exclusion of the evidence seized?
Mapp V Ohio (1961)
What extended the exclusionary rule to state prosecutions?
The Fourth Amendment
What is the constitutional amendment is most commonly associated with the exclusionary rule?
Appeal
What is a trial court’s decision to suppress or admit evidence that may have been obtained illegally?
Harmless Error
What is evidence erroneously admitted by the trial court did not contribute to the conviction and there is other evidence to support the verdict?
Agency Rules Being Violated
What is admissible if the search violates an agency rule but not the Constitution?
United States v. Calandra (1974)
What is a judicially created remedy to deter police misconduct, not a right to have illegally obtained evidence suppressed in all contexts?
Civil Proceedings
What is not applied in these non-criminal types of cases?
Pretrial Motions
What is the basic procedure for excluding evidence on a claim of illegal search and seizure?
Fruit of the Poisonous Tree
What is the primary evidence is shown to have been unlawfully obtained, any secondary evidence derived from it is also inadmissible?
Searches of Private Persons
What is unreasonable searches and seizures applies only to the actions of government officials, so prosecutors may use evidence illegally obtained by private citizens?
South Dakota V. Neville (1983)
What is introducing a suspect’s refusal to take a blood-alcohol test that does not violate the Fifth Amendment?
Inevitable Discovery Rule
What is evidence that police would have discovered independently, even if the actual search was illegal?
Standing
What is a person whose Fourth Amendment rights have been violated, meaning the person whose reasonable expectation of privacy was breached by the police?
Silver Platter Doctrine
What is permitted federal courts to admit evidence illegally seized by state law enforcement officer and handed over to federal officers for use in federal cases?
Grand Jury Investigations
What is the grand jury refusing to answer questions on the grounds that the questions are based on illegally obtained evidence?
Minnesota V. Carter (1998)
What is A person present in someone else’s home for a short time for purely commercial activity does not have a legitimate expectation of privacy under the Fourth Amendment?
The Expectation of "Privacy"
What is a defendant’s own expectation of privacy must be one that society is prepared to recognize as reasonable?
Habeus Corpus
What is a habeas corpus case asking the court to set the offender free because their constitutional rights were violated and therefore the imprisonment is unconstitutional?
Purged Taint Exception
What is evidence obtained is admissible if the defendant’s subsequent voluntary act dissipates the taint of the initial illegality?
Sentencing
What is a trial judge to consider illegally obtained evidence in determining sentences after conviction, even when the same evidence had been excluded during the trial because it was illegally obtained?
Hudson V. Michigan (2006)
What is the knock-and-announce rule is only intended to prevent the destruction of evidence and reduce the likelihood of armed resistance by suspects?