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Procedure- Exclusionary Rule
Terms in this set (23)
what is the exclusionary rule?
Evidence obtained by police, as a result of using the methods that violate an individual's constitutional rights, may not be used in a criminal prosecution against that person.
If you want to envoke the exclusionary rule, what motion is filed
motion to suppress
what are the elements of the exclusionary rule
1. police action (or action by an agent of the police)
2. evidence is obtained
3. there is a violation of the defendant's rights
4. there is a casual connection between the police action and the securing of the evidence
what are the results of the exclusionary rule ( in criminal proceedings only)
1. evidence is suppressed
(cannot be used in the case-in-chief)
2. Only as too the person whose rights were violated.
The exclusionary rule is derived from what?
What was the rule of law that Weeks V. United States prove
It is the case that created the exclusionary rule through judicial construction. This rule is only applicable in federal courts.
what was the rule of law from Wolf v. Colorado
this provided the selective incorporation of the 4th amendment to the states. They also rules to refuse the selective incorporation of the exclusionary rule to the states
what about the evidence obtained by private individuals and not by police? Should the exclusionary rule be extended to those individuals?
the court ruled that evidence obtained by the police or agents of the police (citizens acting at the behalf of or request of the police) is subject to the exclusionary rule
can the exclusionary rule apply to civil court?
no, there is no exclusionary rule in the civil arena, if evidence is relevant and reliable it will be admitted
to who does the exclusionary rule apply
evidence will be suppressed only as to the person or persons whose rights were violated by police ion the course of obtaining the evidence
what is the motion to suppress referring to
what are the two purposes of the exclusionary rule in Weeks v United States
to deter police misconduct
preserve judicial integrity
what does the exclusionary rule give to judges?
a tool to impose proper consequences against the police for misconduct
Is the 4th amendment valuable to Wolf in Wolf v Colorado?
no because the exclusionary rule was not selectively incorporated in the states in that case
What is the concept of court shopping
the phenomenon where federal officers were choosing to prosecute in the 31 states that did not selectively incorporate the exclusionary rule because they would get an easy conviction
at the time of Wolf v Colorado, how many states incorporated the exclusionary rule?
16 state and federal
What are the facts of Mapp v. Ohio?
police were looking for a bomber suspect and paraphernalia. they went to mapp's residence where she refused to let them in without a warrant after calling her attorney. three hours later, she heard the same police officers break into her residence. She demanded to see a warrant and grabbed a piece of paper from the officer and put it in her shirt. They struggled with it to get it back. She was detained and taken to an upstairs bedroom when the police continued to do a full search on her house. in the basement they found " lewd and lascivious material" in a trunk. She was taken and convicted on that material. She was charged with 7 years and her lawyer made a motion to suppress the evidence.
what was mapp charged with in mapp v ohio
lewd and lascivious material - 7years
what is the issue posed by mapp v ohio?
Is the exclusionary rule essential to fundamental fairness, and therefore enforceable in the states through the due process clause of the Fourteenth Amendment?
same as Wolf v Colorado
Mapp v Ohio went all the way up to the Supreme Court, in which they granted cert, what is the suspected outcome?
an change of caselaw
what is the rule of law of Mapp V Ohio?
The exclusionary rule is essential to fundamental fairness, and therefore enforceable in the states through the due process clause of the Fourteenth Amendment.
what are the pros of the exclusionary rule
-gives life and meaning to the 4th amendment (protections of the bill of rights are not enforceable with out the exclu rule)
-deters police misconduct
-preserve judicial integrity
what are the cons to the exclusionary rule
-operative effect of the rule is that the guilty goes free
-does not deter police misconduct
-encourages police misconduct
-subverts (or undermines) the purpose of trial
-unfairly punishes the police
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