Transcript Where does the Exclusionary Rule Not Apply?

Where does the Exclusionary Rule
Not Apply?
Civil cases and proceedings
 Evidence obtained in a private
search by a private person
 A defendant does not have standing
or if no right of privacy of the
defendant has been violated
 Evidence obtained from a abandoned
property will not be suppressed
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Chapter 10
 Where
the Exclusionary Rule
Does not Apply
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Where does the Exclusionary Rule
Not Apply? Cont….
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Evidence found in open fields or when
evidence is discovered in plain view
Evidence is obtained where the “Good
Faith” rule or the “Honest Mistake” rule
apply
Evidence obtained by a law officer who
has lawful authority to seize the
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evidence
Evidence obtained in a private
search by a private person
obtained in violation of
the fourth amendment is
 Evidence
inadmissible.
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This prohibition applies to mistakes
or misconducts by. police and other
officials in the executive branch
of gov’t, NOT by private citizens
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Evidence obtained in a private
search by a private person
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The exclusionary rule does not apply to
private persons
Evidence obtained by private persons,
even if the result of illegal conduct, is
not subject to….
*Exclusionary Rule
Supreme Court held in what case?
*Burdeau v. McDowell
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Exclusionary rule applies in ONLY in
criminal cases.
The exclusionary rule forbids the
use of evidence tainted or spoiled
by improper or illegal police
conduct in criminal cases.
 This evidence can be used in…
 Civil Cases
 Which case did this apply to?
 O.J. Simpson
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If a defendant does not have standing or if
no right of privacy of the defendant has
been violated
The exclusionary rule does not apply
 Evidence is excluded by the
defendant making a motion to
suppress that evidence
 To succeed in this motion, the
defendant MUST show that his rights
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were violated, not the rights of some
other person
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“Standing”
 Meaning
the defendant is
the proper person to
challenge the police
conduct because it violated
the defendants rights
specifically.
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Evidence obtained from
abandoned property will not be
suppressed
 If by conduct or words the
defendant shows that he/she has
relinquished the expectation
privacy in property, the object
can be used as evidence
 Which case defined the legal
concept of abandonment?
 United States v. Thomas 1989
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Throwaway as a type of abandonment
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Persons fleeing the police with illegal drugs or
other contraband on their person will throw away
what can be very incriminating
If the throw away is a voluntary
abandonment of the objects the court will
Allow the object to be used as evidence
If the throwaway is the direct or indirect product
of an illegal police stop or other improper
police conduct, the courts will
Generally forbid the use of the throwaway
item as evidence
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Denial of Ownership as a form of
abandonment
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Persons who deny ownership of
property to a law enforcement
officer relinquish their right of
privacy in the property and do
not later have a standing to
challenge the use of evidence
obtained from the property
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Examples of denial cases that have
come before criminal courts
Airport denial of luggage.
 Train passenger’s denial of a
garment bag.
 Denial of luggage in the trunk of car.
 Denial of a satchel that the
defendant hid after a car accident.
 Denial of ownership of an apartment
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Evidence obtained from a garbage or
trash
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Trash receptacles kept in a home or garage
have fourth amendment constitutional
protection.
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Evidence obtained from these places without
valid consent or a search warrant would be
suppressed.
One who disposes of personal property in a
trash bin and placed it at curbside or in a
common trash receptacle, generally is held
to have abandoned the property
 (Calif. V Greenwood)
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Abandoned Motor Vehicles
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United States v. Oswald
US court of Appeals, Sixth Circuit, 783 F.2d 663
(1986)
Defendant was transporting $300,000 worth of
cocaine in a stolen car when the car caught on fire.
Oswald fled from the car thinking it would blow up.
He did not report the fire. When the authorities put
out the fire they took all of the personal items out
of the car before having it towed. They then found
the suitcase full of cocaine.
With the car being abandoned for more than a hour
and half they were able to use the evidence in
court.
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Evidence discovered in open fields
WILL NOT be suppressed
Curtilage- is that area close to a home where
persons assert of right of privacy.
The protection of the fourth amendment
extends to the home and the curtilage.
US Supreme Court defined curtilage as follows
in 1984:
Persons living in a single-family home
have a greater expectation of privacy in
their curtilage than a large apartment
building
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1987 The U.S. Supreme Court held that…
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Curtilage questions should be resolved with the
reference to four factors:
The proximity of the area claimed to be
curtilage to the home
Whether the area is included within an
enclosure surrounding the home
The nature of the uses to which the area
is put
The steps taken by the resident to protect
the area from observation by the people
passing by
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Evidence discovered in good faith or
honest mistake will not be suppressed
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The Good Faith Exception
1984 the US Supreme Court case of
United States v. Leon
The Leon Good Faith rule permits
the use of evidence where a search
warrant contains a technical error
that does not violate a
fundamental constitutional right of
a suspect.
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The Honest mistake Rule
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U.S. Supreme Court case of Maryland v.
Garrison (1987)
The Supreme Court pointed out that
the court has “recognized the need to
allow some latitude for honest
mistakes that are made by officers in
the dangerous and difficult process of
making arrests and executing search
warrants
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