Criminal Evidence
Marjie Britz
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.
“
Copyright © Allyn & Bacon 2008
The Exclusionary Rule



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.
“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:


Application of the Fourteenth Amendment
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


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
“
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).


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
“
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
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
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
“
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).
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
(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

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.
(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.)
However, some areas attached to a
private residence (i.e. curtilage) may be
afforded protection
“
Copyright © Allyn & Bacon 2008