Study "CRIMPRO", a flashcard deck on FORKSAI.
DEFINITION: What are the three foundational constitutional amendments most commonly enforced through the exclusionary rule in criminal cases?
The three foundational amendments most commonly enforced through the exclusionary rule are the Fourth Amendment, which protects against unreasonable searches and seizures; the Fifth Amendment, which prohibits compelled self-incrimination; and the Sixth Amendment, which guarantees the right to counsel.
THEORETICAL: Explain the primary purpose of the exclusionary rule as established by the courts.
The exclusionary rule is a procedural rule of federal constitutional law created by the courts primarily to deter unlawful police conduct. It is not intended as a personal remedy for a defendant's constitutional violation, but rather to prevent future violations by law enforcement.
MCQ-STYLE: Which of the following is NOT an exception to the Fruit of the Poisonous Tree doctrine?
D) Good faith reliance on a defective warrant. While good faith is an exception to the exclusionary rule itself, it is not listed as an exception to the Fruit of the Poisonous Tree doctrine, which focuses on purging the taint of illegally obtained evidence through independent source, inevitable discovery, or attenuation.
THEORETICAL: Why does a defendant need 'standing' to raise a Fourth Amendment violation and seek suppression of evidence?
A defendant needs standing because the Fourth Amendment protects individuals from unreasonable searches and seizures of their own person, houses, papers, and effects. Therefore, the defendant must personally be the victim of the police's unreasonable conduct and have a legitimate expectation of privacy in the invaded place or item to challenge the violation.
DEFINITION: Define the 'Fruit of the Poisonous Tree' doctrine.
The Fruit of the Poisonous Tree doctrine dictates that any additional evidence (oral statements, physical objects) acquired directly or indirectly from an illegal arrest, search, or seizure is excluded as tainted fruit of the original illegality. This extends beyond the directly illegally obtained evidence to subsequent evidence derived from it.
THEORETICAL: How does the Supreme Court's 'balancing approach' influence the application of the exclusionary rule?
The Supreme Court uses a balancing approach by weighing the deterrent benefit of excluding evidence against the social cost of allowing potentially guilty defendants to go free and excluding reliable evidence. If the deterrent benefit is small and the social cost is high, the Court is less likely to apply the exclusionary rule, reflecting its view of the rule as a deterrent tool rather than an automatic personal right.
MCQ-STYLE: Which of the following is a factor considered in determining if attenuation purges the taint of an illegal detention, according to Brown v. Illinois?
B) The temporal proximity of the arrest and the confession. Brown v. Illinois factors include whether Miranda warnings were given, temporal proximity, presence of intervening circumstances, and the purpose and flagrancy of official misconduct.
DEFINITION: What is a 'Franks hearing' and what must a defendant prove to be entitled to one?
A Franks hearing is a proceeding where a defendant challenges the truthfulness of a warrant affidavit. To be entitled to one, the defendant must make a substantial preliminary showing that the affidavit contained false statements or material omissions made intentionally, knowingly, or in reckless disregard for the truth, and that these statements or omissions were material to the magistrate's probable cause finding.
THEORETICAL: Explain how an intervening arrest warrant can attenuate the connection between an illegal stop and subsequently obtained evidence.
When police make an unconstitutional investigatory stop but then discover a valid outstanding arrest warrant, the warrant's discovery can attenuate the connection. The valid preexisting arrest warrant is considered a significant intervening circumstance, independent of the illegal stop, thus weakening the link between the initial illegality and the evidence seized during a lawful search incident to arrest.
MCQ-STYLE: Under what circumstances does the good faith exception to the exclusionary rule NOT apply?
A) Police lie or mislead the court. The good faith exception does not apply when police lie or mislead the court, the magistrate is not neutral or detached, or no reasonable police officer would have believed the warrant valid.