Disclosing and Suppressing
Evidence
Chapter 12
1
Discovery
2
The Prosecutor and the
Discovery Process
• Jencks v. U.S.:
• Brady v. Maryland:
• U.S. v. Agnus:
3
Reciprocal Disclosure
• Defense counsel does not have to abide by the same
disclosure rules as prosecutor.
4
Exclusionary Rule
• Three exclusionary rules:
5
Fifth Amendment
• No person shall be held to answer for a capital, or
otherwise infamous crime unless on a presentment or
indictment of a Grand Jury...; nor shall any person be
subject for the same offence to be twice put in jeopardy
of life or limb; nor shall be compelled in a criminal case
to be witness against himself, nor be deprived of life,
liberty, or property, without the due process of law...
6
Coerced Confessions
• Brown v. Mississippi:
• Ashcraft v. Tennessee:
7
Miranda v. Arizona
• If a suspect is in custody and the police are
interrogating him, the police must first tell him:
8
Exceptions to Miranda:
9
Fourth Amendment
• The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no
warrants shall issue, but upon probable cause,
supported by oath and affirmation, and particularly
describing the place to be searched and the persons or
things to be seized.
10
The Exclusionary Rule and the Fourth
Amendment
• Weeks v. U.S.:
• Mapp v. Ohio:
11
Exclusionary Rule Jurisprudence
• Illinois v. Wardlow:
• U.S. v. Drayton:
• Kyllo v. U.S.:
• Florida v. J.L.:
12
Search Warrants
Search Warrants require…
13
Search and Seizure
Jurisprudence
• Terry v. Ohio:
• Chimel v. California:
14
More Search and Seizure
Jurisprudence
• Maryland v. Garrison:
• Knowles v. Iowa:
• Arizona v. Evans:
15
Issues in Search and Seizure Law in a
Nutshell
16
Warrantless Searches
17
Suppression Hearings
• Motions by defense to suppress certain evidence that
the defense believes was gleaned illegally.
18