1 Chapter 10 Where the Exclusionary Rule Does Not Apply.

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Chapter 10Chapter 10

Where the Exclusionary Rule Where the Exclusionary Rule Does Not ApplyDoes Not Apply

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Where does the Exclusionary Where does the Exclusionary Rule Not Apply?Rule Not Apply?

Civil cases and proceedingsCivil cases and proceedings Evidence obtained in a private Evidence obtained in a private

search by a private personsearch by a private person A private search can become a A private search can become a

government search when the government search when the government enters participation government enters participation in the search.in the search.

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The exclusionary rule does not apply to The exclusionary rule does not apply to evidence obtained in a consent search (evidence obtained in a consent search (U.S. U.S. v. Draytonv. Drayton, 2002)., 2002).

However, two requirements for the use of However, two requirements for the use of evidence in a consent search must be met:evidence in a consent search must be met: 1. Proof that consent was given voluntarily, and1. Proof that consent was given voluntarily, and 2. Proof that consent was obtained from a 2. Proof that consent was obtained from a

person with actual or apparent authority to person with actual or apparent authority to grant the consent. grant the consent.

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The person giving consent to search The person giving consent to search may limit the area to be searched may limit the area to be searched and may also revoke consent at any and may also revoke consent at any time.time.

Consent is not needed to enter Consent is not needed to enter premises if there are exigent premises if there are exigent circumstances.circumstances.

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Georgia v. Randolph Georgia v. Randolph (2006)(2006)

In this case, the Supreme Court held, In this case, the Supreme Court held, while there was a “fine line” drawn while there was a “fine line” drawn that a third party consent (in that a third party consent (in cohabitation) will be recognized, but cohabitation) will be recognized, but only if this is within the wishes of the only if this is within the wishes of the other cohabitant.other cohabitant.

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U.S. v. GrovesU.S. v. Groves (2008) (2008)

In In GrovesGroves, the 7, the 7thth Circuit Court of Circuit Court of Appeals upheld the validity of a Appeals upheld the validity of a search under the consent of one search under the consent of one cohabitant even though law cohabitant even though law enforcement knew the defendant enforcement knew the defendant would be away from the home.would be away from the home.

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A defendant does not have A defendant does not have standingstanding if no right of if no right of privacy of the defendant has privacy of the defendant has been violated.been violated.

Evidence obtained from an Evidence obtained from an abandoned property will not abandoned property will not be suppressed.be suppressed.

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Chapter 10Chapter 10

Where the Exclusionary Where the Exclusionary Rule Rule Does Not ApplyDoes Not Apply

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Evidence found in open fields or Evidence found in open fields or when evidence is discovered in plain when evidence is discovered in plain viewview

Evidence is obtained where the Evidence is obtained where the “Good Faith” rule“Good Faith” rule or the or the “Honest “Honest Mistake”Mistake” rule apply rule apply

Evidence obtained by a law officer Evidence obtained by a law officer who has lawful authority to seize the who has lawful authority to seize the evidenceevidence

Where does the Exclusionary Where does the Exclusionary Rule Not Apply? (Cont.)Rule Not Apply? (Cont.)

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Evidence obtained in a private Evidence obtained in a private search by a private personsearch by a private person

Evidence obtained in Evidence obtained in violation of violation of the Fourth Amendmentthe Fourth Amendment is is inadmissible.inadmissible.

This prohibition applies to mistakes This prohibition applies to mistakes or misconducts byor misconducts by police and police and other officials in the executive other officials in the executive branch of gov’t, NOT by private branch of gov’t, NOT by private citizens.citizens.

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Evidence obtained in a private Evidence obtained in a private search by a private personsearch by a private person

The exclusionary rule does not The exclusionary rule does not apply to private personsapply to private persons

Evidence obtained by private Evidence obtained by private persons, even if the result of illegal persons, even if the result of illegal conduct, is not subject to….conduct, is not subject to….

*Exclusionary Rule*Exclusionary Rule Supreme Court held in what case?Supreme Court held in what case? **Burdeau v. McDowellBurdeau v. McDowell

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Exclusionary rule applies in Exclusionary rule applies in ONLYONLY in criminal cases.in criminal cases.

The exclusionary ruleThe exclusionary rule forbids forbids the use of evidence tainted or the use of evidence tainted or spoiled by improper or illegal spoiled by improper or illegal police conduct in police conduct in criminalcriminal cases. cases.

This evidence This evidence cancan be used be used in… in… Civil casesCivil cases Which case did this apply to?Which case did this apply to? O.J. SimpsonO.J. Simpson

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If a defendant does not haveIf a defendant does not have standing standing or if no right of privacy of the or if no right of privacy of the defendant has been violateddefendant has been violated

The exclusionary rule does not applyThe exclusionary rule does not apply Evidence is excluded by the Evidence is excluded by the

defendant making a motion to defendant making a motion to suppress that evidence.suppress that evidence.

To succeed in this motion, the To succeed in this motion, the defendant defendant must must show that show that hishis rights rights were violated, not the rights of some were violated, not the rights of some other person.other person.

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““Standing”Standing”

Meaning that the Meaning that the defendant is the proper defendant is the proper person to challenge the person to challenge the police conduct because it police conduct because it violated the defendant’s violated the defendant’s rights specifically.rights specifically.

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Evidence obtained from Evidence obtained from abandoned propertyabandoned property will not will not

be suppressedbe suppressed If, by conduct or words, the If, by conduct or words, the

defendant shows that he/she has defendant shows that he/she has relinquished the expectation relinquished the expectation privacy in property, the object privacy in property, the object can be used as evidence.can be used as evidence.

Which case defined the legal Which case defined the legal concept of abandonment?concept of abandonment?

United States v. Thomas,United States v. Thomas, 1989 1989

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Throwaway Throwaway as a type of as a type of abandonmentabandonment

Persons fleeing the police with illegal drugs or Persons fleeing the police with illegal drugs or other contraband on their person will throw other contraband on their person will throw away what can be very incriminating.away what can be very incriminating.

If the throwaway is a If the throwaway is a voluntary voluntary abandonmentabandonment of the objects, the courts will: of the objects, the courts will:

Allow the object to be used as evidence.Allow the object to be used as evidence. If the throwaway is the direct or indirect If the throwaway is the direct or indirect

product of an product of an illegal police stop or other illegal police stop or other improper policeimproper police conduct, the courts will: conduct, the courts will:

Generally forbid the use of the Generally forbid the use of the throwaway item as evidence.throwaway item as evidence.

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Denial of Ownership as a form of Denial of Ownership as a form of abandonmentabandonment

Persons who deny ownership Persons who deny ownership of property to a law of property to a law enforcement officer enforcement officer relinquish relinquish their right of privacy in the their right of privacy in the property and do not later have property and do not later have a standing to challenge the a standing to challenge the use of evidence obtained from use of evidence obtained from the property.the property.

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Examples of denial cases that Examples of denial cases that have come before criminal courts have come before criminal courts

Airport denial of luggageAirport denial of luggage Train passenger’s denial of a Train passenger’s denial of a

garment baggarment bag Denial of luggage in the trunk of Denial of luggage in the trunk of

carcar Denial of a satchel that the Denial of a satchel that the

defendant hid after a car accident.defendant hid after a car accident. Denial of ownership of an Denial of ownership of an

apartmentapartment

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Evidence obtained from a garbage Evidence obtained from a garbage or trashor trash

Trash receptacles kept in a home or Trash receptacles kept in a home or garage garage have Fourth Amendment have Fourth Amendment constitutional protectionconstitutional protection..

Evidence obtained from these places Evidence obtained from these places without valid consent or a search warrant without valid consent or a search warrant would be suppressed.would be suppressed.

One who disposes of personal property in One who disposes of personal property in a trash bin and places it at curbside or in a trash bin and places it at curbside or in a common trash receptacle a common trash receptacle generally is generally is held to have abandoned the property.held to have abandoned the property.

((Calif. v. GreenwoodCalif. v. Greenwood))

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Abandoned Motor VehiclesAbandoned Motor Vehicles

United States v. OswaldUnited States v. Oswald

U.S. court of Appeals, Sixth Circuit, 783 F.2d U.S. court of Appeals, Sixth Circuit, 783 F.2d 663 (1986)663 (1986)

Defendant was transporting $300,000 worth of Defendant was transporting $300,000 worth of cocaine in a stolen car when the car caught on cocaine in a stolen car when the car caught on fire. Oswald fled from the car thinking it would fire. Oswald fled from the car thinking it would blow up. He did not report the fire. When the blow up. He did not report the fire. When the authorities put out the fire they took all of the authorities put out the fire they took all of the personal items out of the car before having it personal items out of the car before having it towed. They then found the suitcase full of towed. They then found the suitcase full of cocaine. cocaine.

Because the car was abandoned for more than Because the car was abandoned for more than a hour and half, they were able to use the a hour and half, they were able to use the evidence in court.evidence in court.

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Evidence discovered in Evidence discovered in open fieldsopen fields WILL NOTWILL NOT be suppressed be suppressed

CurtilageCurtilage is that area close to a home where is that area close to a home where persons assert of right of privacy. persons assert of right of privacy.

The protection of the fourth amendment The protection of the fourth amendment extends to the home and the extends to the home and the curtilagecurtilage..

U.S. Supreme Court defined U.S. Supreme Court defined curtilagecurtilage as as follows in 1984:follows in 1984: Persons living in a single-family home have Persons living in a single-family home have

a greater expectation of privacy in their a greater expectation of privacy in their curtilagecurtilage than a large apartment building. than a large apartment building.

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1987 The U.S. Supreme Court held 1987 The U.S. Supreme Court held that…that…

CurtilageCurtilage questions should be questions should be resolved with the reference to four resolved with the reference to four factors:factors: The proximity of the area claimed to be The proximity of the area claimed to be

curtilagecurtilage to the home to the home Whether the area is included within an Whether the area is included within an

enclosure surrounding the homeenclosure surrounding the home The nature of the uses to which the area The nature of the uses to which the area

is putis put The steps taken by the resident to The steps taken by the resident to

protect the area from observation by protect the area from observation by the people passing bythe people passing by

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Evidence discovered in Evidence discovered in good good faithfaith or honest mistake will not or honest mistake will not

be suppressedbe suppressed The Good Faith Exception The Good Faith Exception 1984, the US Supreme Court case of 1984, the US Supreme Court case of

United States v. LeonUnited States v. Leon• The The Leon Leon Good Faith rule permits Good Faith rule permits

the use of evidence where a search the use of evidence where a search warrant contains a technical error warrant contains a technical error that does not violate a fundamental that does not violate a fundamental constitutional right of a suspect.constitutional right of a suspect.

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The Honest Mistake RuleThe Honest Mistake Rule

U.S. Supreme Court case of U.S. Supreme Court case of Maryland v. GarrisonMaryland v. Garrison (1987) (1987)

The Supreme Court pointed out The Supreme Court pointed out that the court has “recognized the that the court has “recognized the need to allow some latitude for need to allow some latitude for honest mistakes honest mistakes that are made by that are made by officers in the dangerous and officers in the dangerous and difficult process of making arrests difficult process of making arrests and executing search warrants.”and executing search warrants.”