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16rcrc11-ExRle
Exclusionary Rule section created by Brian Rister
31
Other
Not Applicable
05/06/2011

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Cards

Term
The primary purpose of the Exclusionary Rule, according to the text (casebook), is to ____________________.
Definition
Deter unlawful police conduct
Term
Which BEST describes evidence gained by illegal police conduct?
Definition
Fruit of the Poisonous Tree
Term
Who bears the burden of proving evidence was obtained illegally?
Definition
Defense
Term
The Exclusionary Rule not only applies to illegally obtained evidence itself, but also to what?
Definition
Other incriminating evidence derived from the primary evidence
Term
The two common types of physical evidence that are usually suppressed as "fruits of the poisonous tree" are what?
Definition
Contraband and Instrumentalities
Term
The types of identification evidence that are usually suppressed as "fruits of the poisonous tree" are what?
Definition
  • Fingerprints
  • Handwriting samples
  • Mug shots
  • Blood tests
  • Hair samples
Term
Confessions / Admissions, and Witness testimony are examples of what kind of evidence?
Definition
Verbal
Term
What is the primary drive behind the Exclusionary Rule?
Definition
Render evidence, obtained illegally, inadmissible in criminal proceedings
Term
Independent Source, Attenuation, and Inevitable Discovery are examples of what?
Definition
Government Defenses
Term
Demonstrating that evidence acquired by exploitation of an illegal search would have been obtained by legal means is known as what?
Definition
Inevitable Discovery Rule
Term
The existence of evidence which was not illegally seized and which in fact provided an independent source for the discovery of the challenged evidence is known as what?
Definition
Independent Source Rule
Term
Showing that the casual connection between the lawless conduct of police and the discovery of the challenged evidence has "become so attenuated as to dissipate the taint" is known as what?
Definition
Attenuation
Term
In 1984, the Supreme Court adopted what to the exclusionary rule?
Definition
Good Faith Exception
Term
True/False: If an officer has a search warrant, his reliance on that warrant may still be found to be unreasonable.
Definition
True, if the issuing judge was misled by information
Term
According to the text (casebook), most cases that address the Good Faith Exception discuss the issue of what?
Definition
Search Warrants
Term
According to the Fourth Amendment exclusionary rule, evidence gained during an arrest made on the basis of a computer record that was erroneous as the result of clerical errors made by court employees is not required to be what in court?
Definition
Suppressed
Term
Define the Exclusionary Rule.
Definition
A judically created remedy which results in the suppression of evidence which has been derived from an illegal search or seizure.
Term
True/False:  The Exclusionary Rule is primarily designed to deter unlawful police conduct.
Definition
True
Term
True/False:  The Exclusionary Rule not only applies to illegally obtained evidence itself, but also to other incriminating evidence derived from the primary evidence
Definition
True
Term
What phrase is used to describe evidence gained by illegal police conduct?
Definition
"Fruit of the poisonous tree"
Term
Name the 2 types of Physical evidence commonly suppressed as "fruit of the poisonous tree".
Definition
  • Contraband
  • Instrumentalities
Term
Name at least 3 of the 5 types of Identification evidence commonly suppressed as "fruits of the poisonous tree".
Definition
  • Fingerprints
  • Handwriting samples
  • Mug shots
  • Blood tests
  • Hair samples
Term
Name at least 1 of the 2 types of Verbal evidence commonly suppressed as "fruits of the poisonous tree".
Definition
  • Confessions/Admissions
  • Testimony of Witnesses
Term
The primary thrust of the exclusionary rule is to render inadmissible in criminal proceedings, ____________.
Definition
Evidence that was illegally seized
Term
Name the 3 Government Defenses to the Exclusionary Rule and give a brief description of each.
Definition
  • Independent Source - the existence of evidence which was not illegally seized and in fact provided an independent source for the discovery of the challenged evidence
  • Inevitable Discovery - allows prosecution to show that challenged evidence would have been discovered by legal means
  • Attenuation - attempt to show the connection between unlawful police conduct and challenged evidence has "become so attenuated as to dissipate the taint"
Term
What did the Supreme Court adopt in 1984 to the exclusionary rule?
Definition
Good Faith Exception
Term
Most cases that address the Good Faith Exception discuss what issue?
Definition
Search Warrants
Term
True/False:  The 4th Amendment exclusionary rule does require suppression of evidence gained during an arrest made on the basis of a computer record that was erroneous as the result of clerical errors made by court employees.
Definition
False. The 4th Amendment exclusionary rule does not require suppression of evidence gained during an arrest made on the basis of a computer record that was erroneous as the result of clerical errors made by court employees.
Term
Name at lease 2 of the 4 proceedings in which the exclusionary rule may only apply in part or not at all.
Definition
  • Grand Jury proceedings
  • Civil proceedings
  • Parole and Probation Revocation
  • Sentencing
Term
Give at least 2 reasons why an officer's reliance on the warrant may be found unreasonable, even if there is a search warrant.
Definition
  • The issuing judge was misled by information in an affidavit
  • The issuing judge wholly abandoned his judicial role and acted as an "adjunct law enforcement officer"
  • The affidavit was so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable
  • The affidavit was so "facially deficient" that it could not reasonably be presumed to be valid
Term
True/False:  It is important that officers understand the exclusionary rule, its purpose, and its application in order to ensure that any evidence seized will be admissible in court.
Definition
True
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