“ Copyright © Allyn & Bacon 2008 Criminal Evidence Chapter Five: The Exclusion of Evidence This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program. Marjie Britz

“ Copyright © Allyn & Bacon 2008 The Exclusionary Rule Exclusionary rule: the introduction of criminal evidence collected or analyzed in violation of the Constitution is forbidden Exclusionary rule: the introduction of criminal evidence collected or analyzed in violation of the Constitution is forbidden Supreme Court concept to require peace officers to follow Constitutional protections. Supreme Court concept to require peace officers to follow Constitutional protections. “Silver platter doctrine” allowed state authorities to “serve up” illegally obtained evidence to federal agents “Silver platter doctrine” allowed state authorities to “serve up” illegally obtained evidence to federal agents

“ Copyright © Allyn & Bacon 2008 The Exclusionary Rule Mapp v. Ohio: Court applied the exclusionary rule to the states: Mapp v. Ohio: Court applied the exclusionary rule to the states: Application of the Fourteenth Amendment Application of the Fourteenth Amendment Ended “silver platter doctrine” Ended “silver platter doctrine”

“ Copyright © Allyn & Bacon 2008 The Exclusionary Rule “Fruits of the Poisonous Tree” Doctrine: Evidence which is derived directly or indirectly from illegal action of the police is inadmissible “Fruits of the Poisonous Tree” Doctrine: Evidence which is derived directly or indirectly from illegal action of the police is inadmissible Also called Derivative Evidence Rule Also called Derivative Evidence Rule Applies to: Additional evidence that would not have been discovered; witnesses who might have remained unknown; confessions made under the presentment of illegally obtained evidence Applies to: Additional evidence that would not have been discovered; witnesses who might have remained unknown; confessions made under the presentment of illegally obtained evidence

“ Copyright © Allyn & Bacon 2008 Exceptions to Exclusionary Rule Attenuation exception: Evaluates whether the causal connection between the illegal action and the seizure of evidence is sufficiently attenuated (separated). Attenuation exception: Evaluates whether the causal connection between the illegal action and the seizure of evidence is sufficiently attenuated (separated). also called purged taint exception also called purged taint exception considers: (1) elapsed time between the illegal action and the acquisition of evidence; (2) presence of intervening circumstances; and, (3) purpose and flagrancy of misconduct considers: (1) elapsed time between the illegal action and the acquisition of evidence; (2) presence of intervening circumstances; and, (3) purpose and flagrancy of misconduct

“ Copyright © Allyn & Bacon 2008 Exceptions to Exclusionary Rule Good Faith Exception: Evidence may be admissible if the state can demonstrate that the evidence was discovered while the officers were acting with reasonable assurance of the validity of their action Good Faith Exception: Evidence may be admissible if the state can demonstrate that the evidence was discovered while the officers were acting with reasonable assurance of the validity of their action i.e. Valid (but improper) Search Warrant i.e. Valid (but improper) Search Warrant

“ Copyright © Allyn & Bacon 2008 Exceptions to Exclusionary Rule Independent Source Exception: evidence which derives from an independent source may be admissible in court even if it had been collected on some level via illegal police actions Independent Source Exception: evidence which derives from an independent source may be admissible in court even if it had been collected on some level via illegal police actions Inevitability of Discovery Exception: evidence which would normally be suppressible due to unwarranted or unlawful government action may be introduced if the discovery of such would have occurred anyway Inevitability of Discovery Exception: evidence which would normally be suppressible due to unwarranted or unlawful government action may be introduced if the discovery of such would have occurred anyway

“ Copyright © Allyn & Bacon 2008 Areas Protected by Exclusionary Rule Searches and seizures by private people (as opposed to government affiliates) are not subject to exclusionary rule Searches and seizures by private people (as opposed to government affiliates) are not subject to exclusionary rule

“ Copyright © Allyn & Bacon 2008 Areas Protected by Exclusionary Rule Evidence seized in an unlawful manner may also be admissible if the defendant lacks the legal standing to move to suppress it, (effected). Evidence seized in an unlawful manner may also be admissible if the defendant lacks the legal standing to move to suppress it, (effected). In Motion to Suppress, defendant must demonstrate that an illegal action was taken against him/her personally or his/her expectation of privacy was violated In Motion to Suppress, defendant must demonstrate that an illegal action was taken against him/her personally or his/her expectation of privacy was violated

“ Copyright © Allyn & Bacon 2008 Areas Protected by Exclusionary Rule Civil courts traditionally have been less restrictive on the types of evidence which might be introduced Civil courts traditionally have been less restrictive on the types of evidence which might be introduced (O.J. Simpson) (O.J. Simpson)

“ Copyright © Allyn & Bacon 2008 Areas Protected by Exclusionary Rule Exclusion applies only to those areas where (1) an individual expects privacy; and, (2) society recognizes such expectation as reasonable Exclusion applies only to those areas where (1) an individual expects privacy; and, (2) society recognizes such expectation as reasonable no expectation of privacy for abandoned property no expectation of privacy for abandoned property

“ Copyright © Allyn & Bacon 2008 Areas Protected by Exclusionary Rule “throw-away” evidence: voluntary abandonment of an item negates any expectation of privacy that an individual may claim to it in the future. “throw-away” evidence: voluntary abandonment of an item negates any expectation of privacy that an individual may claim to it in the future. (i.e. Dumping dope, throwing down the gun, while running from the cops.) (i.e. Dumping dope, throwing down the gun, while running from the cops.)

“ Copyright © Allyn & Bacon 2008 Areas Protected by Exclusionary Rule Open fields doctrine: open fields are not protected with exclusionary rule. (Legally allowed to be there, can identify criminality.) Open fields doctrine: open fields are not protected with exclusionary rule. (Legally allowed to be there, can identify criminality.) However, some areas attached to a private residence (i.e. curtilage) may be afforded protection However, some areas attached to a private residence (i.e. curtilage) may be afforded protection