Chapter Four – The Exclusionary Rule

1. Chapter Four – The Exclusionary Rule Rolando V. del Carmen

2. 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?

3. 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

4. The Exclusionary Rule • Historical Development • In Federal Courts • U.S. Origin • Silver Platter Doctrine • In State Courts

5. The Exclusionary Rule • The Exclusionary Rule Applied to State Criminal Prosecutions: Mapp v. Ohio • Significance

6. 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

7. The Exclusionary Rule • Procedures for Invoking the Exclusionary Rule • On Appeal • Evidence is admitted • Evidence is excluded

8. 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

9. 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

10. The Exclusionary Rule • Determining What is Inadmissible • Illegally Seized Evidence • Contraband • Fruits of the crime • Instruments of the crime • “Mere Evidence”

11. 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.

12. 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 • When the Error Was Committed by a Court Employee • When the Police Erred but Honestly and Reasonably Believed That the Information They Gave to the Magistrate When Obtaining the Warrant Was Accurate

13. The Exclusionary Rule • Exceptions to the Exclusionary Rule • The Inevitable Discovery Exception • The police must prove that they would have inevitably obtained the information anyway by lawful means.

14. The Exclusionary Rule • Exceptions to the Exclusionary Rule • The Purged Taint Exception • Defendant’s voluntary act dissipates the initial illegality

15. The Exclusionary Rule • Exceptions to the Exclusionary Rule • The Independent Source Exception • Admissible if the evidence was obtained from an independent source not connected with the illegal search or seizure.

16. 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

17. 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

18. 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

19. 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.

20. 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.”

21. 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.

22. The Exclusionary Rule • The Future of the Exclusionary Rule: It is Here to Stay