Criminal Procedure Flashcards

The 'fruit of the poisonous tree' doctrine provides that:

Answer: Evidence derived from an unconstitutional search or seizure is also inadmissible

The fruit of the poisonous tree doctrine extends the exclusionary rule to secondary evidence derived from an initial constitutional violation, not just the primary illegally seized evidence.

Under the good faith exception established in United States v. Leon, evidence will not be suppressed when:

Answer: Officers acted in objectively reasonable reliance on a facially valid warrant later found defective

Leon's good faith exception prevents suppression of evidence obtained by officers who reasonably and objectively relied on a facially valid warrant that was subsequently found to be defective.

The attenuation doctrine permits admission of evidence tainted by an unlawful search when:

Answer: The causal connection between the illegality and the evidence has become sufficiently attenuated

Under Brown v. Illinois, the attenuation doctrine allows admission of otherwise tainted evidence when the causal link between the constitutional violation and the evidence has sufficiently dissipated.

Under Georgia's speedy trial demand statute (O.C.G.A. § 17-7-170), if a defendant files a valid demand for trial:

Answer: The defendant must be tried at the next two regular court terms after the demand or be entitled to discharge

O.C.G.A. § 17-7-170 requires that a defendant who demands trial be tried within the next two regular court terms after the demand or be automatically discharged.

To have standing to challenge an allegedly unconstitutional search, a defendant must demonstrate:

Answer: A personal, legitimate expectation of privacy in the area searched or the items seized

Fourth Amendment standing requires the defendant to show a personal and legitimate expectation of privacy in the area searched or the item seized—the right is personal, not derivative.

The Double Jeopardy Clause bars retrial after an acquittal even when:

Answer: All of the above are true

An acquittal—regardless of the reason, including jury nullification or legally insufficient evidence—is constitutionally final and absolutely bars any subsequent prosecution for the same offense.

Federal habeas corpus relief for a state prisoner under 28 U.S.C. § 2254 is available when:

Answer: The state court's adjudication was contrary to or an unreasonable application of clearly established federal law as determined by the Supreme Court

AEDPA's § 2254(d) grants federal habeas relief only when the state court's decision was contrary to, or an unreasonable application of, clearly established federal law as determined by the U.S. Supreme Court.