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Exclusionary Rule and Exceptions
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What is the 'good faith' exception to the exclusionary rule?
The 'good faith' exception applies when law enforcement officers acted with a reasonable belief that they were following the law, for instance, relying on a search warrant that they did not know was invalid.
What is the 'consent' exception to the exclusionary rule?
If consent to search was given voluntarily, evidence obtained during the search may be admissible even if there was no warrant or probable cause.
What is the 'independent source' exception to the exclusionary rule?
Evidence initially discovered during an unlawful search may still be admissible if it later can be obtained from a separate, independent source that is untainted by the illegal search.
What is the exclusionary rule in evidence?
The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. It applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment, self-incriminating statements in violation of the Fifth Amendment, and evidence obtained in ways that violate the Sixth Amendment.
What is the 'attenuation' exception to the exclusionary rule?
Evidence may be admissible if the connection between the unconstitutional police activity and the evidence is remote or has been interrupted by some intervening circumstance, thus purging the taint of the initial illegality.
What is the 'inevitable discovery' exception to the exclusionary rule?
If the evidence would have been discovered without the unconstitutional source, it may still be admissible under the inevitable discovery exception.
What are 'border searches' as an exception to the exclusionary rule?
Routine searches at international borders and airports may not require warrants or probable cause under the rationale of protecting the integrity of the border.
What is the 'plain view' exception to the exclusionary rule?
If an officer is lawfully present and sees incriminating evidence in plain view, that evidence may be seized and used in court.
What is the 'hot pursuit' exception to the exclusionary rule?
Evidence found while chasing a suspect believed to have committed a felony may be admissible even if there was no warrant to enter the premises where the evidence was discovered.
What is the 'public safety' exception to the exclusionary rule?
When public safety is an immediate concern, evidence or statements gathered without the proper constitutional protections may be admissible.
What is the 'administrative searches' exception to the exclusionary rule?
Searches conducted as part of a regulatory scheme in closely regulated businesses may not require a warrant or probable cause.
What is the 'school searches' exception to the exclusionary rule?
School officials may conduct searches without a warrant or probable cause as long as the search is reasonable in its inception and scope, given the need to maintain a safe educational environment.
What is the 'probation and parole searches' exception to the exclusionary rule?
Probation and parole searches may be conducted without a warrant or probable cause as long as the search is reasonable, due to the reduced expectation of privacy.
What is the 'search incident to a lawful arrest' exception to the exclusionary rule?
Officers may search the person and immediate surroundings for weapons or evidence without a warrant if it is incident to a lawful arrest.
What is the 'computer error' exception to the exclusionary rule?
Evidence may not be excluded if law enforcement reasonably relies on a computer error, such as an incorrect record indicating an outstanding arrest warrant.
What is the vehicle exception to the exclusionary rule?
If the police have probable cause to believe a vehicle contains evidence of a crime, they may search the vehicle without a warrant due to its inherent mobility and the diminished expectation of privacy.
What is the 'exigent circumstances' exception to the exclusionary rule?
When officers have a reasonable belief that there is an immediate need to protect their lives, the lives of others, or to prevent the destruction of evidence, a warrantless search may be justified under exigent circumstances.
What is the 'subsequent lawful search' exception to the exclusionary rule?
If the police conduct an illegal search but later perform a second search that is lawful, evidence from the second search may be admissible because it was obtained independently of the first.
What is the 'stop and frisk' exception to the exclusionary rule?
Officers may conduct a limited 'stop and frisk' of an individual if they have reasonable suspicion that the person is armed and dangerous, without needing a warrant or probable cause for an arrest.
What is the 'knock-and-announce' exception to the exclusionary rule?
Evidence is not necessarily excluded if officers fail to knock and announce their presence before entering, as long as the entry itself was lawful.
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