Identify the five exceptions to the exclusionary rule. Explain the importance of each and how it applies to cases

Question

What will be an ideal response?

Answer 1

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 is weak enough. SCOTUS 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 non-illegal 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) turns out to be defective, the exclusionary rule will not apply to exclude the evidence.