Which is NOT a typical exclusionary rule exception?

Which is NOT a typical exclusionary rule exception?

• A. Fruit of the poisonous tree
• B. Good faith exception
• C. Inevitable discovery
• D. Independent source

Answer: (A)

The exclusionary rule bars evidence obtained in violation of the Fourth Amendment, but there are recognized exceptions that let tainted evidence slip in under certain circumstances. Among the options, three are established ways courts allow admission of evidence despite initial illegality: the good faith exception, which lets evidence be admitted when officers reasonably rely on a defective warrant or statute; the inevitable discovery exception, which applies if the police would have discovered the evidence by lawful means anyway; and the independent source exception, which allows admission if there is a separate, legitimate source for the evidence unrelated to the illegal conduct. The fruit of the poisonous tree, however, is the general rule describing the taint that flows from illegal police conduct and the default exclusion of that tainted evidence. It is not an exception, but the underlying rule that these other doctrines carve around.

The exclusionary rule bars evidence obtained in violation of the Fourth Amendment, but there are recognized exceptions that let tainted evidence slip in under certain circumstances. Among the options, three are established ways courts allow admission of evidence despite initial illegality: the good faith exception, which lets evidence be admitted when officers reasonably rely on a defective warrant or statute; the inevitable discovery exception, which applies if the police would have discovered the evidence by lawful means anyway; and the independent source exception, which allows admission if there is a separate, legitimate source for the evidence unrelated to the illegal conduct. The fruit of the poisonous tree, however, is the general rule describing the taint that flows from illegal police conduct and the default exclusion of that tainted evidence. It is not an exception, but the underlying rule that these other doctrines carve around.