Chapter Four – The Exclusionary Rule

Rolando V. del Carmen

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?

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

The Exclusionary Rule

Historical Development– In Federal Courts

• U.S. Origin

• Silver Platter Doctrine

– In State Courts

The Exclusionary Rule

The Exclusionary Rule Applied to State Criminal Prosecutions: Mapp v. Ohio – Significance– Differences from Wolf

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

The Exclusionary Rule

Procedures for Invoking the Exclusionary Rule– On Appeal

• Evidence is admitted

• Evidence is excluded

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

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

– Minnesota v. Carter (1998)

The Exclusionary Rule

Determining What is Inadmissible – Illegally Seized Evidence

• Contraband

• Fruits of the crime

• Instruments of the crime

• “Mere Evidence”

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.

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: The Sheppard and Leon Cases

• When the Error Was Committed by a Court Employee: Arizona v. Evans

• When the Police Erred but Honestly and Reasonably Believed That the Information They Gave to the Magistrate When Obtaining the Warrant Was Accurate: Maryland v. Garrison

The Exclusionary Rule

Exceptions to the Exclusionary Rule – The Inevitable Discovery Exception

• Nix v. Williams (1984)

The Exclusionary Rule

Exceptions to the Exclusionary Rule – The Purged Taint Exception

• Wong Sun v. United States (1963)

• Brown v. Illinois (1975)

• Taylor v. Alabama (1982)

The Exclusionary Rule

Exceptions to the Exclusionary Rule – The Independent Source Exception

• United States v. Crews (1980)

• State v. O’Bremski (1967)

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

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

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

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.

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.”

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.

The Exclusionary Rule

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