Rules of Evidence
What is The Exclusionary Rule
Primary evidence that is obtained by unconstitutional means will not be admitted into evidence
[Mapp v. Ohio- evidence obtained through an unreasonable search and seizure in violation of the 4th amendment is inadmissible in state criminal proceedings]
Right of the people to be secure in their persons, papers, and effects against unreasonable searchj and seizures, shall not be violated and no warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized
Recite 5th Amendment
Nor shall be compelled in any criminal case to be a witness against himself, nor shall be deprived of life, liberty, or property, without due process of law
Summarize the 6th Amendment
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Counsel for his defense."
Basically... right to counsel once you've been formally charged
True or False: Once a suspect has received his Miranda warnings and invoked his right to counsel the police may not further interrogate the suspect until the suspect has access to counsel
True, UNLESS the suspect initiates further communication with the police.
[rule stems from Edwards v. Arizona]
What is the Fruit of the Poisonous Doctrine?
Derivative evidence flowing from evidence that was unlawfully obtained should be suppressed
{works in concert with the exclusionary rule to exclude secondary evidence}
Types of Seizures?
1) Seizure of property- occurs when there is a meaningful interference with an individual's possessory interests in that property
2) Seizure of people- custodial arrests, Terry stop, traffic stops
How do courts determine the voluntariness of a suspect's confession?
The totality of circumstances: whether a defendant's will was overborne by the attendant circumstances surrounding the interrogation.
-Under due process clause, a statement may only be deemed involuntary and therefore inadmissible if there was police coercion-
Factors:
Use of force & fear of physical injury, lengthy interrogations and deprivation of bodily needs, miranda rights, psychological tactics,
True or False: Can a defendant validly waive their 6th amendment right without counsel present?
Yes- if the waiver was voluntary, knowing, and intelligent
Under exigent circumstances police are permitted a warrantless searches and seizures if:
1. probable cause for the search and seizure exists, and
2. there are sufficient exigent circumstances to justify warrantless activity
{case-by-case analysis}
Exceptions to the Exclusionary Rule:
1. Inevitable discovery- (illegally obtained) evidence that would have inevitably been discovered through independent and lawful means
2. Independent Source Doctrine- evidence discovered through a source independent of the government's illegality
3. Attenuation of the Taint- evidence that would not have been discovered but for official misconduct, if the casual connection between illegal conduct and the acquisition of the evidence is sufficiently attenuated
4. Good Faith Exception- if police were not culpable in any sense and had not caused the illegality and had acted reasonably
Types of Searches
1. Physical Trespass: when government physically invades on personal property of an individual to gatehr information on them
2. Reasonable Expectation of Privacy: {Subjective prong- citizen manifested a subjective expectation of privacy in the area} {Objective prong- the privacy is one that society is prepared to recognize as reasonable}
The Miranda Rule/ Warnings...
"No person shall be compelled in any criminal case to be a witness against himself."
4 warnings- right to remain silent, anything you say can and will be used against you, right to counsel before and during interrogation, if you can't afford a lawyer one will be appointed to you
When is the right triggered? And how is it violated?
-Once attached, and defendant is in custody, LEO may not "deliberately elicit" incriminating statements w/out first obtaining the defendant's knwoing, voluntary, and intelligent waiver
Elements of a Warrant:
1. Application: Probable cause, affidavit/ oath
2. Issuance: neutral and detached magistrate, describes with particularity the location to be searched and what will be seized
3. Execution: within a reasonable time and manner
Existence of Sufficient Attenuation is a three-factor test-
1. temporal proximity between the unlawful police conduct and discovery of the challenged evidence,
2. the presence of intervening circumstances, and
3. the purpose and flagrancy of the official misconduct
Explain probable cause?
Whether the facts and circumstances within the officer's knowledge and of which they have reasonably trustworthy information were sufficient to warrant a reasonable person to believe an offense has been committed and/or a particular person committed it
*Quantity- facts gathered
*Quality- trustworthiness
Analysis for Self Incrimination Clause
1) Custody- based on surrounding circumstances, there is a formal arrest or restraint of movement of the degree associated with formal arrest (deprived of their freedom of action in any significant way)
2) Interrogation- not only express questioning, but also to any words or actions on the part of police that police should know are reasonably likely to elicit an incriminating response
What communications does the 6th amendment right protect?
When a police officer has observed an object in "plain view" the owner's remaining interests in that object are merely possessory and ownership.
Elements: an item...
1. is in plain view
2. its incriminating nature is immediately apparent,
3. officer has lawful access to the evidence (officer must be in a place they're lawfully allowed to be)
*police must not have known in advance they would find the evidence, otherwise warrant is required*
This extends to plain touch and smellWhat if a LEO has mistaken the law? Can the evidence of criminality be suppressed?
-Mistakes of law should be judges using the reasonableness standard
-If LEO reasonably believes a suspect is violating the law a stop, search, & seizure doesn't violate 4th amendment (even if based on mistaken understanding of law)
-However, mistake must be objectively reasonable and not simply misunderstanding
Exceptions to the warrant requirement
E.S.C.A.P.E.S
1. Exigent Circumstances
2. Search Incident to Arrest
3. Consent
4. Automobile Exception
5. Plain View, Touch, & Smell
6. Evidence Obtained from Admin Search
7. Stop & Frisk
The Unambiguous Assertion Requirement is...
A suspect is required to "articulate his desire to have counsel present sufficiently clearly that a reasonable police officer in the circumstances would understand the statement to be a request for an attorney."
When can 6th Amendment violative statements be used?
For impeachment purposes- prosecutors may impeach defendants with statements taken where police initiate post indictment interrogation after the defendant asserts his 6thy amendment right to counsel
The role of "standing"...thoroughly explain
- Constitutional right may only be raised by one who has "standing" to assert the right.
- Must show that they were victim of search or seizure...distinguished from one who claims the prejudice only through the use of evidence gathered as a consequence of a search or seizure directed at someone else