exception illegally obtained evidence nontrial proceedings quizlet

What exception allows the use of illegally obtained evidence in nontrial proceedings Quizlet

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Terms in this set (20)

The exclusionary rule bans illegally obtained evidence from what part of a criminal trial?

the case-in-chief

Initially, the exclusionary rule only applied to which of the following?

federal law enforcement officers

What exception allows the use of illegally obtained evidence in nontrial proceedings? [bail hearings..]

the collateral use exception

Justification of the exclusionary rule is based on which of the following?

constitutional rights, deterring officers from breaking laws, and preservation of judicial integrity

Which doctrine holds that illegally seized evidence can be introduced at trial, if the poisonous connection between the illegal police actions and the evidence weakens sufficiently?

the attenuation exception

Which doctrine holds that illegally seized evidence can be introduced at trial, if the officials would have found the evidence anyway?

the inevitable discovery exception

The fruit of the poisonous tree doctrine refers to:

the expansion of the exclusionary rule to ban evidence indirectly based on illegal government activity

SCOTUS has ruled that the exclusionary rule does not apply:

to collateral proceedings

SCOTUS created the exclusionary rule in what landmark 1914 decision?

Weeks v. U.S.

In what case did SCOTUS hold that failure to comply with the knock-and-announce rule never violates the exclusionary rule, if officers have a valid warrant to search a home?

Hudson v. Michigan

What is the part of a trial in which the government presents its evidence to prove the defendant's guilt?

the case-in-chief

The 1961 case that made the states follow the exclusionary rule was:

Mapp v. Ohio

In what case did the SCOTUS adopt the controversial good-faith exception to the exclusionary rule?

U.S. v. Leon

SCOTUS applied the exclusionary rule to the states through what amendment to the Constitution?

the Fourteenth Amendment

In what case did SCOTUS hold that, if an officer makes an arrest, reasonably (but wrongly) believing there's an outstanding arrest warrant, evidence obtained during a search incident to the unlawful arrest is admissible in court?

Herring v. U.S.

U.S. v. Leon (1984) created the:

good-faith exception

According to your text, what percentage of all criminal cases will be dismissed because the police seized evidence illegally?

less than 0.1 percent

What exception says that illegally obtained evidence can come into court if the poisonous connection between the illegal police actions and the resulting evidence weakens enough?

the attenuation exception

Evidence obtained by illegal searches and seizures is just as reliable as evidence obtained legally

True

The exclusionary rule is written in the Fourth Amendment to the Constitution

False

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Which doctrine holds that illegally seized evidence can be introduced at trial if the officials law breaking behavior did not cause the seizure of the evidence quizlet?

The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.

What occurs when evidence that is illegally obtained?

If the evidence is found to be illegally obtained it can be suppressed—not allowed to be used against the defendant by the prosecution. On the other hand, if the court allows illegally obtained evidence to be introduced to the jury during a trial and a verdict is made, the defendant can use this during an appeal.

Which doctrine holds that illegally seized evidence can be introduced at trial quizlet?

the exclusionary rule applies to the states through the Fourteenth Amendment due process clause. Which doctrine holds that illegally seized evidence can be introduced at trial if the officials would have found the evidence anyway? The Supreme Court's decision in Weeks v.

What is the purpose of the good faith exception to the exclusionary rule quizlet?

The reasonable, good faith exception, created by U.S. v. Leon (1984), allows the government to use evidence obtained from searches based on unlawful search warrants if officers honestly and reasonably believed they were lawful. The law was created to prevent misconduct.

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