Chapter Four

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Chapter Four The Exclusionary Rule

• Rolando V. del Carmen

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The Exclusionary Rule

• The Exclusionary Rule
• Evidence obtained in violation of Fourth
  Amendment cannot be used at trial
• The primary purpose of the exclusionary rule is
  to deter police misconduct
• What other purpose does the exclusionary rule
  have?

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The Exclusionary Rule

• A Judge-Made Rule
• Some maintain that the exclusionary rule is
  Judge-made.
• Some argue that the exclusionary rule originates
  from the Constitution and is beyond the reach of
  Congress

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The Exclusionary Rule

• Historical Development
• In Federal Courts
• U.S. Origin
• Silver Platter Doctrine
• In State Courts

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The Exclusionary Rule

• The Exclusionary Rule Applied to State Criminal
  Prosecutions Mapp v. Ohio
• Significance
• Differences from Wolf

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The Exclusionary Rule

• Procedures for Invoking the Exclusionary Rule
• In Pretrial Motions and Motions During the Trial
• Motion to Suppress the Evidence
• Burden of Proof on the Accused
• Burden of Proof on the Prosecutor

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The Exclusionary Rule

• Procedures for Invoking the Exclusionary Rule
• On Appeal
• Evidence is admitted
• Evidence is excluded

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The Exclusionary Rule

• Procedures for Invoking the Exclusionary Rule
• In Habeas Corpus Proceedings
• Seeks release of defendant because of a
  constitutional rights violation before or during
  trial

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The Exclusionary Rule

• Procedures for Invoking the Exclusionary Rule
• Standing and the Exclusion of Illegally Seized
  Evidence
• What is standing?
• Exclusionary rule can only be used by the person
  whos rights were violated
• Minnesota v. Carter (1998)

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The Exclusionary Rule

• Determining What is Inadmissible
• Illegally Seized Evidence
• Contraband
• Fruits of the crime
• Instruments of the crime
• Mere Evidence

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The Exclusionary Rule

• Determining What is Inadmissible
• Fruit of the Poisonous Tree

Illegal Police Act
Evidence illegally obtained is inadmissible.
Evidence obtained from illegally obtained
evidence. This is fruit of the poisonous tree.
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The Exclusionary Rule

• Exceptions to the Exclusionary Rule
• The Good Faith Exceptions
• When the Error Was Committed by the Judge or
  Magistrate, Not by the Police The Sheppard and
  Leon Cases
• When the Error Was Committed by a Court Employee
  Arizona v. Evans
• When the Police Erred but Honestly and Reasonably
  Believed That the Information They Gave to the
  Magistrate When Obtaining the Warrant Was
  Accurate Maryland v. Garrison

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The Exclusionary Rule

• Exceptions to the Exclusionary Rule
• The Inevitable Discovery Exception
• Nix v. Williams (1984)

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The Exclusionary Rule

• Exceptions to the Exclusionary Rule
• The Purged Taint Exception
• Wong Sun v. United States (1963)
• Brown v. Illinois (1975)
• Taylor v. Alabama (1982)

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The Exclusionary Rule

• Exceptions to the Exclusionary Rule
• The Independent Source Exception
• United States v. Crews (1980)
• State v. OBremski (1967)

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The Exclusionary Rule

• Procedures to Which the Rule Does Not Apply
• In Private Searches
• In Grand Jury Investigations
• In Sentencing
• In Violations of Agency Rules Only
• In Noncriminal Proceedings
• In Parole Revocation Hearings

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The Exclusionary Rule

• Arguments in Support of the Exclusionary Rule
• It deters violations of constitutional rights by
  police and prosecutors
• It manifests societys refusal to convict
  lawbreakers by relying on official lawlessness
• It results in the freeing of the guilty in a
  relatively small proportion of cases

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The Exclusionary Rule

• Arguments in Support of the Exclusionary Rule
• It has led to more professionalism among the
  police and increased attention to training
  programs
• It preserves the integrity of the judicial system
• It prevents the government from profiting from
  its wrongdoing
• It protects the constitutional right to privacy

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The Exclusionary Rule

• Arguments Against the Exclusionary Rule
• It is wrong to make society pay for an officers
  mistake.
• It excludes the most credible, probative kinds of
  evidence.
• It discourages internal disciplinary efforts by
  law enforcement agencies.
• It encourages police to perjure themselves in an
  effort to get the evidence admitted.
• It diminishes respect for the judicial process
  and generates disrespect for the law and the
  administration of justice.

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The Exclusionary Rule

• Arguments Against the Exclusionary Rule
• There is no proof that the exclusionary rule
  deters police misconduct.
• Only the United States uses the exclusionary
  rule other countries do not.
• It has no effect on those large areas of police
  activity that do not result in criminal
  prosecutions.
• The rule is not based on the Constitution it is
  only an invention of the Court.
• It does not punish the individual police officer
  whose illegal conduct led to the exclusion of the
  evidence.
• Justice Scalia says, It has been universally
  rejected by other countries.

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The Exclusionary Rule

• Alternatives to the Exclusionary Rule
• An independent review board in the executive
  branch.
• A civil tort action against the government.
• A hearing separate from the main criminal trial
  but before the same judge or jury.
• Adoption of an expanded good faith exception.
• Adoption of the British system.

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The Exclusionary Rule

• The Future of the Exclusionary Rule It is Here
  to Stay