Chapter 10
Where the Exclusionary Rule Does
Not Apply
1
Where does the Exclusionary Rule
Not Apply?
Civil cases and proceedings
 Evidence obtained in a private search
by a private person
 A private search can become a
government search when the
government enters participation in
the search.

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

The exclusionary rule does not apply to evidence
obtained in a consent search (U.S. v. Drayton,
2002).
However, two requirements for the use of
evidence in a consent search must be met:


1. Proof that consent was given voluntarily, and
2. Proof that consent was obtained from a person
with actual or apparent authority to grant the
consent.
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

The person giving consent to search may
limit the area to be searched and may also
revoke consent at any time.
Consent is not needed to enter premises if
there are exigent circumstances.
4
Georgia v. Randolph (2006)

In this case, the Supreme Court held,
while there was a “fine line” drawn that a
third party consent (in cohabitation) will
be recognized, but only if this is within the
wishes of the other cohabitant.
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U.S. v. Groves (2008)

In Groves, the 7th Circuit Court of Appeals
upheld the validity of a search under the
consent of one cohabitant even though
law enforcement knew the defendant
would be away from the home.
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A defendant does not have
standing if no right of privacy of
the defendant has been violated.
 Evidence obtained from an
abandoned property will not be
suppressed.

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Chapter 10
Where the Exclusionary Rule
Does Not Apply
8
Where does the Exclusionary Rule
Not Apply? (Cont.)



Evidence found in open fields or when
evidence is discovered in plain view
Evidence is obtained where the “Good
Faith” rule or the “Honest Mistake” rule
apply
Evidence obtained by a law officer who
has lawful authority to seize the
evidence
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Evidence obtained in a private
search by a private person
obtained in violation of
the Fourth Amendment is
 Evidence
inadmissible.
 This
prohibition applies to mistakes or
misconducts by police and other
officials in the executive branch
of gov’t, NOT by private citizens.
10
Evidence obtained in a private
search by a private person





The exclusionary rule does not apply to
private persons
Evidence obtained by private persons,
even if the result of illegal conduct, is
not subject to….
*Exclusionary Rule
Supreme Court held in what case?
*Burdeau v. McDowell
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Exclusionary rule applies in ONLY in
criminal cases.
The exclusionary rule forbids the
use of evidence tainted or spoiled
by improper or illegal police
conduct in criminal cases.
 This evidence can be used in…
 Civil cases
 Which case did this apply to?
 O.J. Simpson

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If a defendant does not have standing or if
no right of privacy of the defendant has
been violated



The exclusionary rule does not apply
Evidence is excluded by the defendant
making a motion to suppress that
evidence.
To succeed in this motion, the defendant
must show that his rights were violated,
not the rights of some other person.
13
“Standing”
 Meaning
that the
defendant is the proper
person to challenge the
police conduct because it
violated the defendant’s
rights specifically.
14
Evidence obtained from
abandoned property will not be
suppressed



If, by conduct or words, the
defendant shows that he/she has
relinquished the expectation privacy
in property, the object can be used as
evidence.
Which case defined the legal concept
of abandonment?
United States v. Thomas, 1989
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Throwaway as a type of abandonment


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
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Persons fleeing the police with illegal drugs or
other contraband on their person will throw away
what can be very incriminating.
If the throwaway is a voluntary abandonment
of the objects, the courts will:
Allow the object to be used as evidence.
If the throwaway is the direct or indirect product
of an illegal police stop or other improper
police conduct, the courts will:
Generally forbid the use of the throwaway
item as evidence.
16
Denial of Ownership as a form of
abandonment

Persons who deny ownership of
property to a law enforcement
officer relinquish their right of
privacy in the property and do
not later have a standing to
challenge the use of evidence
obtained from the property.
17
Examples of denial cases that have
come before criminal courts
Airport denial of luggage
 Train passenger’s denial of a
garment bag
 Denial of luggage in the trunk of car
 Denial of a satchel that the
defendant hid after a car accident.
 Denial of ownership of an apartment

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Evidence obtained from a garbage or
trash

Trash receptacles kept in a home or garage
have Fourth Amendment constitutional
protection.



Evidence obtained from these places without
valid consent or a search warrant would be
suppressed.
One who disposes of personal property in a
trash bin and places it at curbside or in a
common trash receptacle generally is held to
have abandoned the property.
(Calif. v. Greenwood)
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Abandoned Motor Vehicles



United States v. Oswald
U.S. court of Appeals, Sixth Circuit, 783 F.2d 663
(1986)
Defendant was transporting $300,000 worth of
cocaine in a stolen car when the car caught on fire.
Oswald fled from the car thinking it would blow up.
He did not report the fire. When the authorities put
out the fire they took all of the personal items out
of the car before having it towed. They then found
the suitcase full of cocaine.
Because the car was abandoned for more than a
hour and half, they were able to use the evidence in
court.
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
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Evidence discovered in open fields
WILL NOT be suppressed
Curtilage is that area close to a home where
persons assert of right of privacy.
The protection of the fourth amendment
extends to the home and the curtilage.
U.S. Supreme Court defined curtilage as follows
in 1984:
 Persons living in a single-family home have a
greater expectation of privacy in their
curtilage than a large apartment building.
21
1987 The U.S. Supreme Court held that…

Curtilage questions should be resolved
with the reference to four factors:



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The proximity of the area claimed to be
curtilage to the home
Whether the area is included within an
enclosure surrounding the home
The nature of the uses to which the area is
put
The steps taken by the resident to protect the
area from observation by the people passing
by
22
Evidence discovered in good faith or
honest mistake will not be suppressed

The Good Faith Exception

1984, the US Supreme Court case of
•
United States v. Leon
The Leon Good Faith rule permits the
use of evidence where a search
warrant contains a technical error that
does not violate a fundamental
constitutional right of a suspect.
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The Honest Mistake Rule


U.S. Supreme Court case of Maryland v.
Garrison (1987)
The Supreme Court pointed out that
the court has “recognized the need to
allow some latitude for honest
mistakes that are made by officers in
the dangerous and difficult process of
making arrests and executing search
warrants.”
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