CRIM 424 Lecture Notes - Lecture 13: Exclusionary Rule, Police Misconduct
28 Nov 2018
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Document Summary
Crim 424 notes 11/8, 11/13 exclusionary rule. Created by the supreme court: can define it as it wants and create exceptions to it. Government may not be able to use evidence if discovery of the evidence was discovered as a result of a constitutional violation: evidence is suppressed , pre-trial motion and hearing to suppress. Comes into play will be in the hearings leading up to trial. Prevent police from engaging in acts that constitute constitutional violation. Modern-day version of the rule originated in weeks v. u. s: only applied to the federal government, deter federal agents. Some states built it into state laws. Extension of the exclusionary rule: fruit of the poisonous tree. If the source (tree) is tainted then everything is derived from the source (fruit) is tainted as well: statements you got when placing someone on the lawful arrest. Primary and secondary (derivative evidence: segura v. u. s.
