exclusionary rule acg 6935/4939. why should the forensic accountant care about rules relating to law...
TRANSCRIPT
![Page 1: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/1.jpg)
Exclusionary Rule
ACG 6935/4939
![Page 2: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/2.jpg)
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!
![Page 3: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/3.jpg)
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.
![Page 4: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/4.jpg)
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
![Page 5: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/5.jpg)
So how does one move for exclusion of specific evidence?
![Page 6: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/6.jpg)
Grand Jury Indictment
Arrest of Subject
Initial Appearance
Arraignment
Motion to Suppress
Suppression Hearing
Trial
Appeal
Flow of Court Processes WithExclusionaryRuleIssues
![Page 7: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/7.jpg)
Exclusionary Rule is based on..
• Fourth Amendment Rights - unreasonable search and seizures
• Fifth Amendment Rights - right against self-incrimination
• Sixth Amendment Rights - assistance of counsel
• Due Process
![Page 8: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/8.jpg)
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
![Page 9: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/9.jpg)
Fifth Amendment
• Miranda Rights• Compulsion issues• Coercion• Provide protection to
those accused of committing crimes
• Is Miranda in the Constitution?
![Page 10: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/10.jpg)
Sixth Amendment
• Right to Counsel• When does right to
counsel attach?• During Investigation?• After Arrest?• Before 1st Hearing?• What about in the
workplace?
![Page 11: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/11.jpg)
As with any rule, there are...
Exceptions!
![Page 12: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/12.jpg)
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
![Page 13: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/13.jpg)
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”?
![Page 14: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/14.jpg)
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
![Page 15: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/15.jpg)
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.
![Page 16: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/16.jpg)
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.
![Page 17: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/17.jpg)
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.
![Page 18: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/18.jpg)
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
![Page 19: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/19.jpg)
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
![Page 20: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/20.jpg)
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?
![Page 21: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/21.jpg)
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?
![Page 22: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/22.jpg)
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.
![Page 23: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/23.jpg)
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
![Page 24: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/24.jpg)
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
![Page 25: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/25.jpg)
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?
![Page 26: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/26.jpg)
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
![Page 27: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/27.jpg)
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”?
![Page 28: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/28.jpg)
Voluntariness vs. Compulsion
• Was the statement made voluntarily?
• Where was the statement made?
• When was the statement made?
• Miranda?
![Page 29: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/29.jpg)
You Decide
![Page 30: 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](https://reader030.vdocuments.us/reader030/viewer/2022033108/56649ce65503460f949b37e9/html5/thumbnails/30.jpg)
Can this evidence be used in a …
GrandJury
CivilMatter
CriminalTrial
4th AmendmentViolation
Yes Most ofthe time
No
5th AmendmentViolation
Yes Most ofthe time
No
6th AmendmentViolation
Yes Most ofthe time
No