CRJ 123 MIDTERM QUESTIONS AND ANSWERS
The exclusionary rule - Answers :rule of evidence that does not allow illegally obtained
evidence in the court of law
what is the purpose of the exclusionary rule - Answers :1. deter future police
misconduct, police theoretically will not conduct unlawful search and seizures if they
know the suspect can get out of the conviction
Fruit of the poisonous tree doctrine - Answers :evidence been obtained through police
misconduct
what are the exceptions to the poisonous tree doctrine (4) - Answers :1.independent
source exception
2. inevitable discovery exception
3.attenuation exception
4.Good faith reliance exception
Independent source exception-
-"2nd chance rule" - Answers :Under this exception, if evidence is taken by police illegal
at first and legally at the second time, the evidence can be used.
Inevitable discovery exception - "we were going to find it either way!" - Answers
:Evidence can be used if the prosecution can prove that they would have discovered the
evidence regardless, DESPITE the constitutional violation
Attenuation exception - Answers :if the police try to make sense of their illegal search
and seizure, the evidence obtained is acceptable if the police can show their illegal
search wasn't as bas as the intervening event.
Admissibility for unMirandized statement - Answers :The statement prior to the
mirandize statement can be used in court
unmirandized statement exception (Question 1st technique) - Answers :If police try to
hint at statements without reading the suspect their rights, that information will be
excluded
Question 1st technique - Answers :if police use the question first technique to
undermine the effectiveness of the Miranda warnings, the un mirandized statement and
mirandized statement will be excluded
Good faith reliance exception (mistake) - Answers :If the officer makes a mistake: the
evidence can be admitted unless it was systematic error or disregard of constitutional
protections
If non-law enforcement makes the mistake: the evidence cannot be admitted
The exclusionary rule - Answers :rule of evidence that does not allow illegally obtained
evidence in the court of law
what is the purpose of the exclusionary rule - Answers :1. deter future police
misconduct, police theoretically will not conduct unlawful search and seizures if they
know the suspect can get out of the conviction
Fruit of the poisonous tree doctrine - Answers :evidence been obtained through police
misconduct
what are the exceptions to the poisonous tree doctrine (4) - Answers :1.independent
source exception
2. inevitable discovery exception
3.attenuation exception
4.Good faith reliance exception
Independent source exception-
-"2nd chance rule" - Answers :Under this exception, if evidence is taken by police illegal
at first and legally at the second time, the evidence can be used.
Inevitable discovery exception - "we were going to find it either way!" - Answers
:Evidence can be used if the prosecution can prove that they would have discovered the
evidence regardless, DESPITE the constitutional violation
Attenuation exception - Answers :if the police try to make sense of their illegal search
and seizure, the evidence obtained is acceptable if the police can show their illegal
search wasn't as bas as the intervening event.
Admissibility for unMirandized statement - Answers :The statement prior to the
mirandize statement can be used in court
unmirandized statement exception (Question 1st technique) - Answers :If police try to
hint at statements without reading the suspect their rights, that information will be
excluded
Question 1st technique - Answers :if police use the question first technique to
undermine the effectiveness of the Miranda warnings, the un mirandized statement and
mirandized statement will be excluded
Good faith reliance exception (mistake) - Answers :If the officer makes a mistake: the
evidence can be admitted unless it was systematic error or disregard of constitutional
protections
If non-law enforcement makes the mistake: the evidence cannot be admitted
