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Exclusionary Rule - Coggle Diagram
Exclusionary Rule
Start by looking if the person challenging the evidence has standing
If so, move on to exclusionary rule
Rationale/ Rule
Mapp v. Ohio
Exclusionary rule exists to deter the Police from obtaining evidence in violation of the Constitution and it excludes such evidence from being used against a defendant.
Exceptions
U.S. v. Leon
The exclusionary rule does not apply if an officer is acting with objective good faith and is relying on a search warrant issued by a judge/magistrate, and the warrant is later found to have been deficient in probable cause, because there is no police action to deter
Herring v. US
No exclusion of evidence when a clerical mistake (negligence) by police which leads an officer to reasonably believe there is an outstanding arrest warrant. Exclusion would apply if conduct was reckless, grossly negligent, or systemic negligent.
Inevitable Discovery Doctrine
would have been found
If the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means, then the exclusionary rule does not apply.
Independent Source Doctrine
actually found it
allows admission of evidence that has been discovered by means of wholly independent of any constitutional violation.
Exclusionary Rule does apply when:
Sub Rule 1
If the judge issuing the warrant was misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard of the truth, then the exclusionary applies
Sub Rule 2
– Exclusionary rule applies when an officer relying on an affidavit so lacking in indicia of PC as to render the official belief in its existence entirely deficient, or warrant is facially deficient in its particularity requirement
Wong Sun v US
When a violation of the 4th Amend leads to discovery of tangible evidence or verbal evidence, then the evidence is the fruit of the poisonous tree (derivative of an illegality) and it is excluded by the exclusionary rule.
HOWEVER
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