The statement may still be introduced into evidence against B Search and

The statement may still be introduced into evidence

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the statement barred. The statement may still be introduced into evidence against B Search and Seizure : Harder to apply that with confessions, since multiple people’s rights may have been violated by 1 illegal search or arrest Example- an illegal entry and seizure of evidence on a particular house may violate the 4 th Amendment rights of both the owner of the dwelling and the owner of the particular items seized. Fruit of the Poisonous Tree Doctrine Take ER one step further Even evidence that is only indirectly obtained in violation of defendant’s constitutional rights is subject to exclusion. Once the original evidence is shown to have been unlawfully obtained, all evidence stemming from it is equally inadmissible. o Independent Source: police have to have an independent source for the evidence, which doesn’t involve illegality, the evidence isn’t barred by FPT o Example: prosecution learns about the contents of a document through an illegal search & seizure, but during the subsequent course of investigation a witness discloses the contents of the document. If the prosecution can show that the witness interviews had nothing to do with the original illegal seizure, and that the witness’s testimony about the document constituted and IS for the government to subpoena document, then the FPT will not apply. Inevitable Discovery: evidence that would inevitable have been discovered anyway through other police techniques, had it not first been obtained through illegal means, is admissible at trial o Prosecution must show by a preponderance of the evidence that the information Purged Taint: Intervening factors are significant enough to purse the taint of original illegal police conduct, FPT will not apply. If enough additional factors intervene between the time of the original illegality and the final discovery of evidence, neither deterrence nor judicial fairness rationale behind the ER apply. Therefore , the evidence is admissible despite the fact that it would not have been discovered except for the illegality. Collateral Use: FPT only applies to the prosecutions case in chief (before defense calls any witnesses). If defendant takes the stand, illegal obtained evidence can be used to impeach him/her. Illegally obtained evidence may not be used under CU exception to impeach testimony of defense witnesses other than defendant
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If testimony before a grand jury is compelled by a grant of immunity, testimony may not be used to impeach statements made by defendant at a subsequent trial. Good Faith: doesn’t bar evidence by officers acting in reasonable reliance on a search warrant issued by a neutral magistrate but ultimately found to be unsupported by PC Example: if police believe that there is a valid outstanding arrest warrant for a suspect, and the officer’s belief is reasonable under the circumstances known to him/her, a search done pursuant to that arrest will not be invalidated.
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  • Spring '14
  • criminal law, Supreme Court of the United States, Fourth Amendment to the United States Constitution, Trial court

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