Historical Development
The first exclusionary rule case involving searches and seizures was decided by the Court in what year
1886
When can the exclusionary rule be raised by the defendant of the criminal justice proceeding
at just about any time, even after serving a sentence after a conviction
Evidence obtained by the police is admissible even if there was an error or mistake, as long as the error or mistake was not committed by the police, or, if committed by the police, it was made in honest and reasonable reliance on the actions of others.
good faith exception
how long does an officer wait for the knock and announce rule?
20-30 seconds
What does the exclusionary rule state
States that evidence obtained by the government in violation of the Fourth Amendment guarantee against unreasonable search and seizure is not admissible in a criminal prosecution to prove guilt.
The exclusionary rule is of which Origin
American
What do you need to consider to decide who has the burden of proof in a motion to suppress, depending on the type of search or seizure involved?
Whether it was made with or without a warrant
Evidence is admissible if the police can prove that they would inevitably have discovered the evidence anyway by lawful means.
inevitable discovery exception
A person being questioned by____ cannot refuse to answer questions on the grounds that the questions are based on illegally obtained evidence
The Grand Jury
A rule crafted by judges, not provided for in the Constitution.
A judge made rule
Permitted federal courts to admit evidence illegally seized by state law enforcement officer and handed over to federal officers for use in federal cases.
The Silver Platter Doctrine
The evidence erroneously admitted by the trial court did not contribute to the conviction and there is other evidence to support the verdict.
Harmless Error
Evidence obtained is admissible if the defendant’s subsequent voluntary act dissipates the taint of the initial illegality.
purged taint exception
In which case held that evidence seized after the police made an arrest that violated state law but was based on probable cause does not violate the exclusionary rule and is admissible at trial?
Virginia v. Moore
The Fourth Amendment guarantee against...
unreasonable search and seizure is not admissible in a criminal prosecution to prove guilt.
The right to due process comes under which two Amendments?
4th and 5th
While in prison, Alan obtains reliable and compelling evidence, not available to him during trial, that the police illegally seized the gun used in the murder he was convicted for. The time to appeal the conviction is past, but Alan may file a ____ asking the court to set him free because his constitutional rights were violated.
habeas corpus case
Evidence obtained is admissible if the police can prove that it was obtained from an independent source not connected with the illegal search or seizure.
independent source exception
The evidence is admissible if the search violates an ____ but not the Constitution. For example, suppose police department policy prohibits home searches without written consent.
agency rule
suppose Jane is interrogated by the police while in custody without having been given the Miranda warnings... which Amendment does this violate
What case two years prior to Boyd v. United States 1886, addressed the issue of the exclusion of a confession in a murder case
Hopt v. The Territory of Utah, 110 U.S. 574 (1884)
In which case does the court state, “The Fourth Amendment protects people, not places.”
Minnesota v. Carter, 525 U.S. 83 (1998)
What is needed instead is needed in order to prove if the good faith exception is applied?
an honest and “objectively reasonable belief” by the officer (as determined by the trial judge or jury) that the act was valid.
The Court held that the exclusionary rule does not apply to parole revocation proceedings primarily because the rule does not apply "____".
“to proceedings other than criminal trials”
The Court has repeatedly stated that the primary purpose of the exclusionary rule is to
deter police misconduct