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Evidence in Court

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You and your group are legal assistants working with a criminal defense attorney on a homicide case. The defense attorney discusses with you that there is an ample amount of physical evidence linking the client to the murder and if this evidence is fully presented to the jury there is a strong likelihood of conviction. However, there is also evidence that the police conducted searches of the client's vehicle and residence in violation of constitutional provisions. He therefore plans to be focused on preventing the introduction of this evidence.

The attorney needs your help in analyzing this strategy, as a group, discuss the following:

Considering your knowledge of the trial process, during which portion of that process will an evidentiary hearing occur?
If the judge decides to exclude the evidence is there any way it may be introduced at the trial?
What is meant by the term "fruit of the poisonous tree"?
Is there any possibility the judge may dismiss the case at that point? If evidence is admitted, how else may it be challenged?
Combine your findings into one document for the attorney to review.

Please include references!! Thanks

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Solution Summary

This solution gives you a detailed discussion on the use of exclusionary rule.

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STEP 1

The evidentiary hearing will take place after the prosecutor has filed a criminal complaint. This is also called the preliminary hearing.

STEP 2

If the judge decides to exclude the evidence is there any way it may be introduced at the trial?

If the evidence is not admissible and the court decides that there is no probable cause, the prosecution may seek a new evidentiary hearing.
There is another method of seeking to introduce the evidence; the prosecution may seek indictment from a grand jury.

STEP 3

What is meant by the term "fruit of the poisonous tree"?

This ...

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