Basics of the Exclusionary Rule
The Exclusionary Rule
What is illegally obtained evidence that's inadmissible in court?
A 1914 case that first applied the exclusionary rule to federal cases?
What is Weeks v. United States?
What motion is used to trigger the ER before trial?
What is a motion to suppress?
The original evidence illegally obtained is called what?
What is the primary evidence (the tree)?
An exception where evidence is admitted if officers reasonably relied on a defective warrant.
What is the good-faith exception?
Deterring police misconduct and ensuring due process.
What is the primary purpose of the exclusionary rule?
What 1961 SCOTUS case applied the ER to the states?
What is Mapp v. Ohio?
Who carries the burden of proof when a search was conducted with a warrant?
Evidence derived from the original illegally obtained evidence is called what?
What is the secondary evidence (the fruit)?
An exception where an act of free will breaks the chain between illegal searches and evidence
(the person who was illegally searched LATER ON confesses or a witness voluntarily comes forward independently).
What is a purged taint exception?
The exclusionary rule applies mostly to violations of which amendment?
What is the Fourth Amendment?
What case said evidence illegally seized by state officers could be handed to federal officers, also referred to as the silver platter doctrine?
What is Silverthorne Lumber Co. v. U.S?
Who carries the burden of proof when a search was conducted without a warrant, and mustprove probable cause?
If the "tree" is unlawful, what happens to the "fruit"?
What is inadmissible?
Society "pays" for police error when guilty people go free.
What is an argument against the exclusionary rule?
Is the exclusionary rule found in the Constitution or is it judge-made?
judge-made
What 1984 case created the good-faith exception?
What is United States v. Leon?
Only the person whose rights were violated can invoke the rule.
What is standing (determines whether a person can legally file a lawsuit, in this case for illegally obtained evidence)
An exception that applies when police can show they would have found the illegally obtained evidence anyway.
What is the inevitable discovery exception?
Private searches, sentencing, noncriminal proceedings, knock-and-announce, parole revocation, violations of agency rules, arrests violating state law but with PC, and more.
What are situations where the Exclusionary Rule does NOT apply?
What case held that SCOTUS can't eliminate the ER rule and Congress can't modify it?
Which case allowed evidence when police errors were isolated negligence?
What is Herring v. United States
If the trial window to appeal has passed, what filing can a defendant use to challenge illegal evidence after a conviction?
What is a habeas corpus petition?
An exception that applies when some evidence is discovered from a source unrelated to an illegal search?
What is an independent source exception?
Parole hearings and grand jury investigations
What are two proceedings where the Exclusionary Rule does NOT apply?