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You are a legal assistant working with a criminal defense attorney on a homicide case. At the defense team’s strategy meeting the lead attorney points out that there is a disturbing amount of physical evidence linking your client to the murder and if this evidence is fully presented to the jury there is a strong likelihood that you will lose the case and your client will be convicted. However, there is also evidence that the police conducted searches of your client’s vehicle and residence in violation of his constitutional rights.
Your boss intends to focus on preventing the introduction of this evidence and you have been given the responsibility of researching the possibility of your team successfully doing so.
Using the excellent Criminal Evidence: Principles and Cases text and at least four other sources, put together a paper addressing the following:
Discuss the exclusionary rule and how it might benefit your client?
How might the fruit of “the fruit of the poisonous tree” apply to the benefit of your client in this scenario?
If the judge denies your request to exclude evidence using both the exclusionary rule and the fruit of the poisonous tree doctrine, how else might the admissibility of this evidence be challenged by your defense team?
If the evidence is excluded using the exclusionary rule are there still potential avenues the prosecution may use to admit this evidence under certain situations?
If you are successful in excluding evidence does that mean the case will necessarily be dismissed? Explain.