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

What happens if prosecutors seek an indictment from a grand jury based on evidence obtained in violation of the exclusionary rule?

The important idea here is that the grand jury process isn’t governed by the exclusionary rule the same way a trial is. The exclusionary rule bars the use of illegally obtained evidence at trial, but it doesn’t stop prosecutors from presenting that same evidence to a grand jury to establish probable cause. So prosecutors can rely on evidence obtained in violation of constitutional rights when seeking an indictment, and the grand jury can issue an indictment based on that evidence. If the case proceeds to trial, the tainted evidence would typically be suppressed there, and the defense can challenge the admissibility of the evidence, or the indictment on other grounds, but the indictment itself can stand even though the evidence would be inadmissible at trial.

The important idea here is that the grand jury process isn’t governed by the exclusionary rule the same way a trial is. The exclusionary rule bars the use of illegally obtained evidence at trial, but it doesn’t stop prosecutors from presenting that same evidence to a grand jury to establish probable cause. So prosecutors can rely on evidence obtained in violation of constitutional rights when seeking an indictment, and the grand jury can issue an indictment based on that evidence. If the case proceeds to trial, the tainted evidence would typically be suppressed there, and the defense can challenge the admissibility of the evidence, or the indictment on other grounds, but the indictment itself can stand even though the evidence would be inadmissible at trial.