Define and discuss three exceptions to the exclusionary rule and/or fruit of the poisonous tree doctrine. Be sure to provide examples
What will be an ideal response?
THE INDEPENDENT SOURCE DOCTRINE; Improper police conduct may lead to the discovery of evidence while at the same time another proper source leads to the same evidence. If the second, proper source of the evidence is independent—that is, not tainted by the improper conduct—the evidence is admissible. A case example would be that of Murray v. United States.
THE INEVITABLE DISCOVERY RULE; If police error or police misconduct has tainted some evidence, then that evidence and also derivative evidence can be suppressed and not used in a criminal trial. If it can be shown that the challenged derivative evidence would certainly have been discovered by legitimate police efforts, however, it is admissible under the inevitable discovery rule. A case example would be that of Nix v. Williams.
THE ATTENUATION, OR PASSAGE OF TIME, RULE; Where improper police conduct occurs and shortly thereafter that conduct leads to the discovery of other evidence, the fruit of the poisonous tree doctrine reasonably concludes that a connection exists between the improper conduct and the other evidence. Where, however, a significant period of time goes by between the improper conduct and the new evidence, the U.S. Supreme Court has long held that the "taint" from the improper conduct can be dissipated. A case example would be that of Wong Sun v. United States.
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The U.S. Supreme Court held in Cleveland Board of Education v. Loudermill that a tenured public employee is entitled to which of the following, under due process?
a. Oral notice of the charges against him b. Written notice of the charges against him c. An opportunity to tell his side of the story before he is terminated d. All of the above
?Which of the following is NOT a fact surrounding serial killers?
A. ?Some victims are poisoned or shot. B. ?Most killers are of average intelligence. C. ?They have high mobility in the United States. D. ?Most offenders remain in a local area.
Research indicates that ______ can indirectly impact the levels of community satisfaction with the police.
a. race b. age c. gender d. socioeconomic status
Which of the following was a key finding of the National Institute of Justice’s 1999 report on police use of force?
A. Police force is prevalent in large U.S. cities. B. Police engage in force infrequently. C. Police force escalates quickly. D. Police often take out their internal rage on available suspects.