What are the 5 exceptions to the exclusionary rule?

Three exceptions to the exclusionary rule are "attenuation of the taint," "independent source," and "inevitable discovery."

What are the exceptions to the exclusionary rule quizlet?

Two exceptions to the exclusionary rule are the good-faith exception and the clerical errors exception.

What are the four categories of exceptions to the exclusionary rule?

True or False: The four categories of exceptions to the exclusionary rule are good faith, inevitable discovery, purged taint, and independent source.

What is the exclusionary rule and its exceptions?

The exclusionary rule states that illegally-obtained evidence and statements obtained through an illegal interrogation, in violation of the Fourth, Fifth, or Sixth Amendment of the United States Constitution, are inadmissible at the criminal trial of a person whose rights were violated.

What is the most important exception to the exclusionary rule?

One of the most important exceptions to the exclusionary rule is the exception for tangible evidence. If the police discover tangible evidence based on statements obtained in violation of Miranda, the prosecution may be able to use that evidence against the defendant at trial.

Five Exceptions to the Exclusionary Rule [No. 86]

What are some of the limitations of the exclusionary rule?

What are some examples of exclusionary rule?

The exclusionary rule usually applies to suppression of physical evidence (for example, a murder weapon, stolen property, or illegal drugs) that the police seize in violation of a defendant's Fourth Amendment right not to be subjected to unreasonable search and seizure.

Which of the following falls under the exclusionary rule?

Which of the following falls under the exclusionary rule? Suspect confessions given without proper reading of Miranda rights cannot be used at trial. Illegally or unconstitutionally acquired evidence cannot be used in a trial.

What is prohibited under the exclusionary rule quizlet?

The Exclusionary Rule, which prohibits the use of evidence obtained as a result of unreasonable search and seizure, is applicable to state criminal proceedings.

What is the independent source exception?

In US law, the independent source doctrine is an exception to the exclusionary rule. The doctrine applies to evidence initially discovered during, or as a consequence of, an unlawful search, but later obtained independently from activities untainted by the initial illegality.

What are three exceptions to the requirements for a Miranda warning?

A police officer is not obligated to give the Miranda warnings in these situations: When questioning is necessary for public safety. When asking standard booking questions. When the police have a jailhouse informant talking to the person.

What are the four general types of circumstances that are typically recognized as being exigent circumstances?

What is the good-faith exception to the exclusionary rule quizlet?

The good-faith exception applies to police officers who act in good faith on either a facially valid warrant later determined to be invalid or an existing law later declared unconstitutional. Good faith is limited to the objective good faith of a reasonable police officer.

Which of the following scenarios best exemplifies the impeachment exception to the exclusionary rule?

Which of the following scenarios best exemplifies the impeachment exception to the exclusionary rule? The impeachment exception to the exclusionary rule allows that evidence considered inadmissible at one trial can be used in a later trial to impeach (i.e., cast doubt on the credibility of) the defendant.

What is the major purpose of the exclusionary rule?

American courts use the exclusionary rule to deter police officers and other government agents from abusing constitutional rights. According to the rule, courts will suppress evidence that the government obtains through unconstitutional conduct—often an unlawful search or seizure.

What are the liabilities of the exclusionary rule?

Liabilities of the Exclusionary Rule

The rule can be abused by the defendant and cause the suppression of evidence that was eligible. This error may occur due to the lack of an explicit statement of which actions quality as the breach of the Fourth Amendment.

What is illegally obtained evidence?

Another example of illegally obtained evidence would be if someone was at another person's house and the police came in and executed an illegal search and found something illegal on the person who was visiting.

Can the exclusionary rule be modified?

The Court may well extend the modification of the exclusionary rule to warrantless searches and seizures.

Who enforces the exclusionary rule?

Several possible methods of enforcement have been suggested, but only one—the exclusionary rule— has been applied with any frequency by the Supreme Court, and Court in recent years has limited its application.

What is an exception to the fruit of the poisonous tree doctrine?

There are two important exceptions to the “fruit of the poisonous tree” doctrine: If the police had an independent source of knowledge of the evidence aside from the fruits of the illegal search, then the doctrine will not exclude the discovered evidence.

Who decides if evidence was illegally obtained?

Judge decides if evidence was legally obtained. Plea Bargaining: In major cases, guilty pleas result from a process of negotiation between prosecutor and defense known as plea bargaining.

Which of the following are exceptions to the exclusion of evidence under Miranda?

These include situations such as: The suspect is being asked questions that are standard booking procedures. The situation involves an emergency hostage situation or negotiation. The person is unaware that they are speaking with a police officer.

What are the two opposing arguments regarding the exclusionary rule?

TWO OPPOSING VIEWS ON THE EXCLUSIONARY RULE OF EVIDENCE ARE PRESENTED; ONE ARGUMENT DEFENDS THE RULE AS A PROTECTION OF THE INTEGRITY OF THE JUDICIARY, THE OTHER STATES IT COMPOUNDS INJUSTICE FROM ILLEGAL SEARCH.

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.