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CRJ 432 Chapter 4
Terms in this set (10)
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.
a rule crafted by judges, not provided for in the Constitution.
fruit of the poisonous tree doctrine
once the primary evidence is shown to have been unlawfully obtained, any secondary evidence derived from it is also inadmissible.
good faith exception
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 honest and reasonable.
the evidence erroneously admitted by the trial court did not contribute to the conviction and there is other evidence to support the verdict.
inevitable discovery exception
evidence is admissible if the police can prove that they would inevitably have discovered the evidence anyway by lawful means.
independent source exception
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.
purged taint exception
evidence obtained is admissible if the defendant's subsequent voluntary act dissipates the taint of the initial illegality.
silver platter doctrine
permitted federal courts to admit evidence illegally seized by state law enforcement officer and handed over to federal officers for use in federal cases.
a legal concept that determines whether a person can legally file a lawsuit or submit a petition to the court.
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