barbri criminal procedure - matt capronbarbri.DOCVIP

Criminal Procedure Outline Exclusionary Rule (judge made doctrine) Prohibits the introduction of evidence obtained in violation of a defendant’s Fourth, Fifth, or Sixth Amendment rights Illegally obtained evidence (e.g., coerced statement; items found in an illegal search) is inadmissible at trial, and all “fruit of the poisonous tree” (i.e., evidence obtained from exploitation of the illegally obtained evidence) must be excluded Exceptions to the “Fruit of the Poisonous Tree Doctrine”: Evidence obtained from a source independent of the original illegality An intervening act of free will by the defendant that breaks the causal chain (e.g., defendant is illegally arrested but is released and later returns to the station to confess); and Inevitable Discovery (i.e., the prosecution can show that the police would have discovered the evidence regardless of the unconstitutional act) Limitations on the Exclusionary Rule Rule does not apply to grand juries (grand jury witnesses may be compelled to testify on illegally seized items), unless evidence was obtained in violation of the federal wiretapping statute Rules does not apply in civil proceedings Rule does not apply in parole revocation proceedings Rule does not apply when police act in good faith reliance on: Case law (e.g., an opinion that is later overturned); A facially valid statute or ordinance (later declared unconstitutional); A computer report containing clerical errors not made by the police; or A defective search warrant, unless: The underlying affidavit was so lacking in probable cause that it could not reasonably be relied on; The warrant was defective on its face (i.e., it failed to state with particularity the place to be searched and things to be seized); A cop or government officer (affiant) lied to or misled the magistrate; or The magistrate has “wholly abandoned his judicial role” Use of Excluded Evidence for Impeachment Purposes An otherwise voluntary confession taken in violation of the Miranda r