CJ chapter 4 The Exclusionary Rule

State v. O'Bremski

-the Independent Source exception -statutory rape: victim consented (tricked) -strict liability crime= no mens rea -carnal knowledge (flesh)

Search Warrant

-Elephant in a matchbox rule. A written order, issued by a magistrate, directing a peace officer to search for property connected with a crime and bring it before the court.

Silver Platter Doctrine

-Handed by the state. Permitted federal courts to admit evidence illegally seized by state law enforcement officer and handed over to federal officers for use in federal cases.

Exclusionary Rule

-Judge-made rule. *Not found in the Constitution. States that evidence obtained by the government in violation of the 4th Amendment guarantee against unreasonable search and seizure is not admissible in a criminal prosecution to prove guilt.

Mapp v. Ohio

-Made the E.R. The Exclusionary Rule, which prohibits the use of evidence obtained as a result of unreasonable search and seizure, is applicable to state criminal proceedings.

New York v. Quarles

-Public safety exception -created the public safety exception which says that police can get evidence admitted as an exception to the E.R. if they can demonstrate that the evidence was seized in an emergency fashion in order to keep the public safe.

Exceptions to the Exclusionary Rule:

-The Good Faith exception -The Inevitable Discovery exception -The Purged Taint exception -The Independent Source exception -The Public Safety exception

The Good Faith Exception

-When the error was committed by the judge or magistrate. -When the error was committed by a court employee. -When the police erred accidentally. -When the police reasonably believed that authority to enter was valid.

Alternatives for the Exclusionary Rule:

-an independent review board in the executive branch -a civil tort (private wrong) 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

Nix v. Williams

-created the Inevitable Discovery exception kidnapped little girl, dumbed in field, police basically asked him to "think it over".

Weeks v. United States

-federal case -Evidence illegally obtained by federal officers was held to be excluded in all federal criminal prosecutions.

Wolf v. Colorado

-in state courts committing abortions based upon evidence allegedly obtained in violation of the 4th amendment's search and seizure clause.

When does the Exclusionary Rule not apply?

-police violations of the "knock and announce" rule. -searches done by private persons -grandy jury investigations -sentencing -arrests based on probable cause that violate state law -violations of agency rules -noncriminal proceedings (civil) -parole revocation hearings

Rochin v. California

-state case -didn't have a warrant -police behavior shocks the courts conscience -limited to cases involving coercion, violence, and brutality (stomach pump)

Arizona v. Evans

-the Good Faith exception -when the error was committed by a court employee -outstanding warrant -search incident to arrest -"quashed" warrant: to remove

Massachusetts v. Sheppard

-the Good Faith exception -when the error was committed by the judge or magistrate -murder investigation -looking for Sheppard on a "drug" warrant instead of a murder warrant. -evidence obtained by the police acting in good faith on a search warrant that was issued by a neutral and detached magistrate, but that is ultimately found to be invalid, may be admitted and used at trial.

Illinois v. Krull

-the Good Faith exception -wrecking yard -creates a rule of law which states that police may rely on state statutes authorizing searches and seizures to gain access and evidence even if that law is later declared unconstitutional.

Wong Sun v. United States

-the Purged Taint exception -evidence is tainted -own free will

The Inevitable Discovery Exception

Evidence is admissible if the police can prove that they would inevitably have discovered the evidence anyway by lawful means.

The Purged Taint Exception

Evidence obtained is admissible if the defendant's subsequent voluntary act dissipates the taint of the initial illegality.

The Independent Source Exception

Evidence obtained is admissible if the police can prove that it was obtained from an independent source not connected with the illegal search or seizure.

Fruit of the Poisonous Tree Doctrine

Once the primary evidence is shown to have been unlawfully obtained, any secondary evidence derived from it is also inadmissible. -Keeps out additional illegal things.

The Public Safety Exception

Police can get evidence admitted as an exception to the E.R. if they can demonstrate that the evidence was seized in an emergency fashion in order to keep the public safe.

The purpose of the Exclusionary Rule:

The court has stated in a number of cases that the primary purpose of the E.R. is to deter police misconduct.

Harmless Error

The evidence erroneously admitted by the trial court did not contribute to the conviction and there is other evidence to support the verdict.