Study for the MBE Critical Pass Test. Enhance your knowledge with flashcards and multiple choice questions. Prepare thoroughly for your exam with detailed hints and explanations.

Multiple Choice

Can evidence obtained during an illegal search be introduced during grand jury proceedings?

The key idea is that the exclusionary rule does not apply to grand jury proceedings. The exclusionary rule bars use of evidence obtained in violation of the Fourth Amendment in criminal trials to deter police misconduct. But grand juries are investigative bodies, not adversarial trials, and their function is to determine whether there is probable cause to indict. Because of that difference, prosecutors may present evidence obtained illegally to a grand jury, and that evidence can contribute to an indictment. If the case later goes to trial, the tainted evidence may be excluded there under the normal Fourth Amendment protections. The leading authority recognizing this is United States v. Calandra.

The key idea is that the exclusionary rule does not apply to grand jury proceedings. The exclusionary rule bars use of evidence obtained in violation of the Fourth Amendment in criminal trials to deter police misconduct. But grand juries are investigative bodies, not adversarial trials, and their function is to determine whether there is probable cause to indict. Because of that difference, prosecutors may present evidence obtained illegally to a grand jury, and that evidence can contribute to an indictment. If the case later goes to trial, the tainted evidence may be excluded there under the normal Fourth Amendment protections. The leading authority recognizing this is United States v. Calandra.