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The Exclusionary Rule
Terms in this set (18)
Weeks v. U.S.
Court case that held evidence illegally obtained by federal offices is inadmissible in federal criminal prosecutions.
Arizona v. Evans
Court case that refused to apply the Exclusionary Rule because the error was made by clerical employees of the court.
1) Police violation of the knock-announcement rule
2) Searches done by private persons
3) Grand Jury investigations
5) Arrest based on Probable Cause that violate State Law
6) Violation of Agency's rules
6 proceeding or types of evidence to which the Exclusionary Rule does not apply.
To Deter Police Misconduct
Primary purpose of the Exclusionary Rule?
Independent Untainted Source Exception
An exception to the Exclusionary Rule holding that the evidence obtained is admissible despite its initial illegality if the police can prove that it was obtained from an independent source that is not connected to the illegal search or seizure.
Inevitable Discovery Exception
An exception to the Exclusionary Rule holding that evidence obtained is admissible despite it initial illegality if the police can prove that they would have inevitably have discovered the evidence by lawful means regardless of their illegal action.
Harmless Error Rule
A rule stating that an error made by the trial court in admitting illegally obtained evidence does not lead to a reversal of the conviction if the error is determined to be harmless. The prosecution has the burden of proving that the error is in fact harmless.
Fruit of the Poisonous Tree Doctrine
The Doctrine holding that once the primary evidence (the "tree") is shown to have been unlawfully obtained, any secondary evidence ("the fruit") derived from it is also inadmissible
Silver Platter Doctrine
A Doctrine that applied in federal courts from 1914 to 1960, under which evidence of a federal crime that had been illegally obtained by state officers was admissible in federal courts, although it would not have been obtained by federal officers
Harmless Error Doctrine
A Doctrine holding that, if a motion to exclude illegally seized evidence is made on time, it is an error for the courts to receive the evidence. This mistake requires a reversal on appeal of any conviction unless admission of evidence is found to be a harmless error
A Rule of evidence providing that any evidence obtained by the government in violation of the 4th Amendment guarantee against unreasonable search and seizure is not admissible in a criminal prosecution to establish the defendant's guilt.
Purged Taint Exception
Exception to the fruit of the poisonous tree doctrine, applicable when the defendant's subsequent voluntary act dissipates the taint of the initial illegality. A defendant's intervening act of free will is sufficient to break the casual chain between the tainted evidence and the illegal police conduct, so that the evidence becomes admissible
Good Faith Exception
Exception to the Exclusionary Rule holding that evidence obtained by the police is admissible in court even if there was an error or mistake as long as the such error or mistake was not committed by the police or if committed by the police, the police was honest and reasonable.
A motion to suppress evidence
Primary procedural mechanism for invoking the exclusionary rule.
Good Faith; Inevitable Discovery; Independent Source
What are the exception to the Exclusionary Rule.
To make society pay for an officer's mistake is what kind of argument to the Exclusionary Rule
To deter police misconduct is what kind of argument of the Exclusionary Rule
Mapp v. Ohio
Case that made the Exclusionary Rule applicable against the States.
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