Exclusionary Rule

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Exclusionary Rule

• ACG 6935/4939

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Why Should The Forensic Accountant Care About
Rules Relating To Law Enforcement Actions?

• Im not crazy enough to want to be an FBI Agent!

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Because the U.S. Government is Here To Help You!

• FBI has access to more information.
• Relevant facts come out in trial or through plea
  agreement.
• If a defendant pleads guilty to a criminal
  charge, civil case is greatly enhanced.

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What was the Court trying to do with the
Exclusionary Rule?

• Protect the Bill of Rights
• Deter illegal police searches
• Ensure the government will not profit from the
  unlawful activity
• Uphold Judicial Integrity

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So how does one move for exclusion of specific
evidence?
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Grand Jury Indictment
Flow of Court Processes With Exclusionary Rule
Issues
Arrest of Subject
Initial Appearance
Arraignment
Motion to Suppress
Suppression Hearing
Appeal
Trial
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Exclusionary Rule is based on..

• Fourth Amendment Rights - unreasonable search and
  seizures
• Fifth Amendment Rights - right against
  self-incrimination
• Sixth Amendment Rights - assistance of counsel
• Due Process

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Fourth Amendment

• Weeks v. U.S., 232 U.S. 383 (1914) introduced the
  exclusionary rule
• Derived from the Fourth Amendment
• Prohibits the use of items obtained as a result
  of an unreasonable search and seizure as evidence
  against a criminal defendant
• Mapp v. Ohio 367 U.S. 643 (1961) made the
  exclusionary rule applicable to States

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Fifth Amendment

• Miranda Rights
• Compulsion issues
• Coercion
• Provide protection to those accused of committing
  crimes
• Is Miranda in the Constitution?

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Sixth Amendment

• Right to Counsel
• When does right to counsel attach?
• During Investigation?
• After Arrest?
• Before 1st Hearing?
• What about in the workplace?

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As with any rule, there are...

• Exceptions!

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The Good Faith Rule

• Some Supreme Court Justices thought the pendulum
  has swung too far.
• U.S. v. Leon (1984)
• Evidence obtained by officers acting in good
  faith does not have to be excluded

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Examples

• What if a judge issues a valid search warrant
  which has reasonable probable cause but is later
  overturned on appeal?
• What if the warrant is factually deficient but
  the judge issues the search warrant anyway?
• What if false information is given to the judge?
• What if the officers know the judge has wholly
  abandoned the judicial role?

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Fruit of the Poisonous Tree

• Involves Derivative Evidence
• Rules the police should not be allowed to enjoy
  the fruits obtained from illegal searches and
  seizures
• Can also apply to illegal statements from
  defendants

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Scenario 1

• An illegal search yields a machine that makes
  fraudulent credit cards
• The grand jury issues a subpoena and obtains a
  receipt showing the purchase of the machine.

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Scenario 2

• Police illegally obtain a confession from a
  murder suspect.
• He tells them he hid the gun in an abandoned
  house which had been boarded up.

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Scenario 3

• Police obtain an illegal confession from a murder
  suspect.
• The defendant tells police he hid the gun in a
  bush at the local public park.

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The Inevitable Discovery Rule

• Does not bar admission of illegally obtained
  evidence if such evidence would have been
  inevitablydiscovered.
• Has to be discovered through an untainted
  source
• Preponderance of the evidence standard needed

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Independent Source Doctrine

• Source producing the evidence stands apart from
  the influence of the 4th Amendment violation.
• Can not be Fruit of the Poisonous Tree or
  derivative of other violation

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Purged Taint

• No independent source or inevitable discovery.
• Evidence need not necessarily be banned.
• What actions were in direct relation to the
  violation and what were voluntary?

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Example 4

• T.N. Tee is arrested on bomb making charges based
  on a false affidavit.
• T.N. Tee confesses to possessing illegal bomb
  making materials.
• After being released on bond, T.N. Tee contacts
  the police a few days later and tells them of a
  storage locker containing bombs.
• What would Judge Pacini allow at trial?

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Plain View Doctrine

• Items that are readily seen.
• Can be seized even though there may be no valid
  search warrant.
• Police must have a valid reason to be in the area
  of seizure.

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Exigent Circumstances

• Situation where there is the potential for
  serious bodily harm if no action is taken.
• Fire in building
• 9-1-1 call
• Shots fired
• O.J. Simpson case

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Suspect Statements as Fruit of the Poisonous
Tree.

• Deals with the issue of Miranda
• No derivative use as well
• Has fifth and sixth amendment tie-ins
• Not completely inadmissible given certain events

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You Decide!

• Suspect blurts out an incriminating statement?
• Suspect confesses without Miranda and then later
  gets Miranda Warnings and gives another
  confession?
• Suspects statement is suppressed but in pursuant
  trial, suspect takes stand and lies about his
  involvement contradicting the original statement?

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Impeachment

• Illegally obtained statements and physical
  evidence are allowed at trial if the defendant
  takes the stand and offers contradictory
  statements.
• Exception is immunized statements

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Spontaneous Utterance

• An unsolicited statement made by the defendant.
• Direct and derivative uses are acceptable.
• What is the time frame for an acceptable
  spontaneous utterance?

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Voluntariness vs. Compulsion

• Was the statement made voluntarily?
• Where was the statement made?
• When was the statement made?
• Miranda?

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You Decide
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Can this evidence be used in a