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Exclusionary Doctrines

Exclusionary Doctrines

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Published by: Amanda Wyatt-Wilson Scully on May 08, 2012
Copyright:Attribution Non-commercial


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Exclusionary Doctrines

The exclusionary rule is designed to exclude evidence obtained in violation of a criminal defendant's Fourth Amendment rights

If a 4th Amendment violation occurred, does the exclusionary rule apply?

Does the derivative evidence doctrine apply?

1. Does subject have standing?

1. Is the item the fruit of the defendant’s poisonous tree?

2. Is the proceeding a criminal trial?

If so, does one of the exceptions apply?

Derivative evidence is inadmissible as proof because of the application of the Fruit of the Poisonous Tree doctrine, which treats the original evidence and any evidence derived from it as tainted because of the illegal way in which it was obtained by agents of the government.

3. Did the officers act in reasonable reliance upon a warrant (or otherwise act in good faith)?

Did the taint become attenuated?

4. Is the evidence offered solely for impeachment?

Was there an independent source?

Would the item have been discovered inevitably?

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