Exclusionary Rule
ACG 6935/4939
Why Should The Forensic Accountant
Care About Rules Relating To Law
Enforcement Actions?
I’m not crazy enough to want to be an
FBI Agent!
Because the U.S. Government is
Here To Help You!
• FBI has access to
more information.
• Relevant facts come
out in trial or through
plea agreement.
• If a defendant pleads
guilty to a criminal
charge, civil case is
greatly enhanced.
What was the Court trying to do
with the Exclusionary Rule?
• Protect the Bill of
Rights
• Deter illegal police
searches
• Ensure the
government will not
profit from the
unlawful activity
• Uphold Judicial
Integrity
So how does one move for
exclusion of specific evidence?
Grand Jury Indictment
Flow of
Court
Processes
With
Exclusionary
Rule
Issues
Arrest of Subject
Initial Appearance
Arraignment
Motion to Suppress
Suppression Hearing
Trial
Appeal
Exclusionary Rule is based on..
• Fourth Amendment Rights - unreasonable
search and seizures
• Fifth Amendment Rights - right against selfincrimination
• Sixth Amendment Rights - assistance of
counsel
• Due Process
Fourth Amendment
• Weeks v. U.S., 232 U.S. 383 (1914)
introduced the exclusionary rule
• Derived from the Fourth Amendment
• Prohibits the use of items obtained as a
result of an unreasonable search and seizure
as evidence against a criminal defendant
• Mapp v. Ohio 367 U.S. 643 (1961) made
the exclusionary rule applicable to States
Fifth Amendment
•
•
•
•
Miranda Rights
Compulsion issues
Coercion
Provide protection to
those accused of
committing crimes
• Is Miranda in the
Constitution?
Sixth Amendment
• Right to Counsel
• When does right to
counsel attach?
• During Investigation?
• After Arrest?
• Before 1st Hearing?
• What about in the
workplace?
As with any rule, there are...
Exceptions!
The Good Faith Rule
• Some Supreme Court
Justices thought the
pendulum has swung
too far.
• U.S. v. Leon (1984)
• Evidence obtained by
officers acting “in
good faith” does not
have to be excluded
Examples
• What if a judge issues a valid search
warrant which has reasonable probable
cause but is later overturned on appeal?
• What if the warrant is factually deficient but
the judge issues the search warrant anyway?
• What if false information is given to the
judge?
• What if the officers know the judge has
“wholly abandoned the judicial role”?
Fruit of the Poisonous Tree
• Involves Derivative
Evidence
• Rules the police
should not be allowed
to enjoy the “fruits”
obtained from illegal
searches and seizures
• Can also apply to
illegal statements from
defendants
Scenario #1
• An illegal search
yields a machine that
makes fraudulent
credit cards
• The grand jury issues
a subpoena and
obtains a receipt
showing the purchase
of the machine.
Scenario #2
• Police illegally obtain
a confession from a
murder suspect.
• He tells them he hid
the gun in an
abandoned house
which had been
boarded up.
Scenario #3
• Police obtain an illegal
confession from a
murder suspect.
• The defendant tells
police he hid the gun
in a bush at the local
public park.
The “Inevitable Discovery” Rule
• Does not bar admission of illegally obtained
evidence if such evidence would have been
“inevitably”discovered.
• Has to be discovered through an “untainted”
source
• Preponderance of the evidence standard
needed
Independent Source Doctrine
• Source producing the
evidence stands apart
from the influence of
the 4th Amendment
violation.
• Can not be Fruit of the
Poisonous Tree or
derivative of other
violation
Purged Taint
• No independent source
or inevitable
discovery.
• Evidence need not
necessarily be banned.
• What actions were in
direct relation to the
violation and what
were voluntary?
Example #4
• T.N. Tee is arrested on bomb making
charges based on a false affidavit.
• T.N. Tee confesses to possessing illegal
bomb making materials.
• After being released on bond, T.N. Tee
contacts the police a few days later and tells
them of a storage locker containing bombs.
• What would Judge Pacini allow at trial?
Plain View Doctrine
• Items that are readily
seen.
• Can be seized even
though there may be
no valid search
warrant.
• Police must have a
valid reason to be in
the area of seizure.
Exigent Circumstances
• Situation where there
is the potential for
serious bodily harm if
no action is taken.
• Fire in building
• 9-1-1 call
• Shots fired
• O.J. Simpson case
Suspect Statements as “Fruit of
the Poisonous Tree.”
• Deals with the issue of
Miranda
• No derivative use as
well
• Has fifth and sixth
amendment tie-ins
• Not completely
inadmissible given
certain events
You Decide!
• Suspect blurts out an incriminating
statement?
• Suspect confesses without Miranda and then
later gets Miranda Warnings and gives
another confession?
• Suspect’s statement is suppressed but in
pursuant trial, suspect takes stand and lies
about his involvement contradicting the
original statement?
Impeachment
• Illegally obtained
statements and
physical evidence are
allowed at trial if the
defendant takes the
stand and offers
contradictory
statements.
• Exception is
immunized statements
Spontaneous Utterance
• An unsolicited
statement made by the
defendant.
• Direct and derivative
uses are acceptable.
• What is the time frame
for an acceptable
“spontaneous
utterance”?
Voluntariness vs. Compulsion
• Was the statement
made voluntarily?
• Where was the
statement made?
• When was the
statement made?
• Miranda?
You Decide
Can this evidence be used in a …
th
4 Amendment
Violation
th
5 Amendment
Violation
6th Amendment
Violation
Grand
Jury
Civil
Matter
Criminal
Trial
Yes
Most of
the time
Most of
the time
Most of
the time
No
Yes
Yes
No
No