Explain five exceptions to the exclusionary rule
What will be an ideal response?
There are five major exceptions to the exclusionary rule: collateral use, cross
examination, attenuation of taint, independent source and inevitable discovery, and
reasonable good faith exception.
The collateral use exception allows the use of illegally obtained evidence in nontrial
proceedings such as bail hearings, preliminary hearings, grand jury proceedings and
habeas corpus proceedings. The cross examination exception means that while the
government cannot use illegally obtained evidence in the case in chief, it can be used to
impeach the credibility of a defendant's testimony.
The attenuation exception says that illegally obtained evidence can still be admitted if
the poisonous connection between illegal police actions and the evidence obtained
through these actions are weak enough. The Supreme Court has not established a
bright-line rule for when this is so; each case must be considered in its own
circumstances.
Under the independent source exception, if police officers violate the Constitution
looking for evidence and then in a totally separate matter lawfully get the same
evidence it can still be admitted. As for the inevitable discovery exception, if police get
the evidence through illegal activity but would have eventually found it through nonillegal activity, then the exclusionary rule does not apply.
Finally, under the good faith exception, if police officers act honestly and reasonably on
the belief that they have a lawfully-issued warrant or some other means of searching
or arresting a suspect, then even if the warrant or other means later on turns out to be
defective, the exclusionary rule will not apply to exclude the evidence.
You might also like to view...
A multiple choice exam, such as this one, contains ______________
a. short answers b. social desirability questions c. closed ended questions d. primary questions e. opened-ended questions
In most states, chief prosecutors are elected officials
a. True b. False
Which answer choice illustrates a flaw in profiling?
A. the assumption that human behavior is consistent across time and place B. the belief that context influences behavior C. the focus on victim rather than offender characteristics D. the tendency to overestimate the intelligence of the offender
In Martin and Zimmerman's classification scheme, which riot type may result when a gang leader is released from prison?
n. Power vacuum o. Power void p. Power shift q. Power struggle