Chapter Four – The
Exclusionary Rule
Rolando V. del Carmen
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?
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
The Exclusionary Rule
 Historical Development
– In Federal Courts
• U.S. Origin
• Silver Platter Doctrine
– In State Courts
The Exclusionary Rule
 The Exclusionary Rule Applied to State
Criminal Prosecutions: Mapp v. Ohio
– Significance
– Differences from Wolf
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
The Exclusionary Rule
 Procedures for Invoking the
Exclusionary Rule
– On Appeal
• Evidence is admitted
• Evidence is excluded
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
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
who’s rights were violated
– Minnesota v. Carter (1998)
The Exclusionary Rule
 Determining What is Inadmissible
– Illegally Seized Evidence
•
•
•
•
Contraband
Fruits of the crime
Instruments of the crime
“Mere Evidence”
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.
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
The Exclusionary Rule
 Exceptions to the Exclusionary Rule
– The Inevitable Discovery Exception
• Nix v. Williams (1984)
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)
The Exclusionary Rule
 Exceptions to the Exclusionary Rule
– The Independent Source Exception
• United States v. Crews (1980)
• State v. O’Bremski (1967)
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
The Exclusionary Rule
 Arguments in Support of the
Exclusionary Rule
– It deters violations of constitutional rights
by police and prosecutors
– It manifests society’s refusal to convict
lawbreakers by relying on official
lawlessness
– It results in the freeing of the guilty in a
relatively small proportion of cases
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
The Exclusionary Rule
 Arguments Against the Exclusionary Rule
– It is wrong to make society pay for an officer’s
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.
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.”
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.
The Exclusionary Rule
 The Future of the Exclusionary Rule: It
is Here to Stay