Disclosing and Suppressing Evidence

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Disclosing and Suppressing Evidence

• Chapter 12

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Discovery

• The informal and formal exchange of information
  between prosecution and defense.
• Seeks to ensure that the adversary system does
  not give one side an unfair advantage over the
  other.
• No general constitutional right to discovery in a
  criminal case. (Weatherford v. Bursey)

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The Prosecutor and the Discovery Process

• Jencks v. U.S. prior inconsistent statements of
  a witness must be made available to defense
  counsel.
• Brady v. Maryland due process of law is violated
  when prosecutors conceal evidence that might be
  favorable to the defense (applies only to
  exculpatory evidence).
• U.S. v. Agnus Prosecutor need only disclose
  evidence under Brady if it would have been
  persuasive and produced reasonable doubt about
  guilt.

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Reciprocal Disclosure

• Defense counsel does not have to abide by the
  same disclosure rules as prosecutor.
• In most jurisdictions, defense counsel must
  disclose
• Alibi witnesses.
• Expert witnesses that are to be called.
• Whether the defendant is planning on relying upon
  the defense of insanity, diminished
  responsibility, entrapment, or self-defense.

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Exclusionary Rule

• Prohibits the prosecutor from using illegally
  obtained evidence during a trial.
• Three exclusionary rules
• Identification of suspects (line-ups).
• Confessions.
• Searches and seizures.

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Fifth Amendment

• No person shall be held to answer for a capital,
  or otherwise infamous crime unless on a
  presentment or indictment of a Grand Jury... nor
  shall any person be subject for the same offence
  to be twice put in jeopardy of life or limb nor
  shall be compelled in a criminal case to be
  witness against himself, nor be deprived of life,
  liberty, or property, without the due process of
  law...

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Coerced Confessions

• Brown v. Mississippi Use of physical coercion to
  obtain confessions violates the due process
  clause of the 14th Amendment.
• Ashcraft v. Tennessee Psychologically coerced
  confessions are not voluntary and therefore not
  admissible in court.

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Miranda v. Arizona

• If a suspect is in custody and the police are
  interrogating him, the police must first tell
  him
• You have the right to remain silent.
• Anything you say can and will be used against you
  in an court of law.
• You have the right to talk to a lawyer and have
  him/her present with you while you are being
  questioned.
• If you cannot afford to hire a lawyer, one will
  be appointed to represent you before any
  questioning, if you wish.

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Exceptions to Miranda

• Voluntary statements
• Public Safety Exception
• Consent (Waiving of your rights)
• Spontaneous declarations

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Miranda Jurisprudence

• Harris v. New York
• New York v. Quarles
• Davis v. U.S.
• Texas v. Cobb
• Minnick v. Mississippi
• Dickerson v. U.S.

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Fourth Amendment

• The right of the people to be secure in their
  persons, houses, papers, and effects, against
  unreasonable searches and seizures, shall not be
  violated, and no warrants shall issue, but upon
  probable cause, supported by oath and
  affirmation, and particularly describing the
  place to be searched and the persons or things to
  be seized.

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The Exclusionary Rule and the Fourth Amendment

• Prohibits the prosecutor from using illegally
  obtained evidence during a trial.
• Weeks v. U.S. established the exclusionary rule
  for federal prosecutions.
• Mapp v. Ohio Extended the exclusionary rule to
  the states.

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Exclusionary Rule Jurisprudence

• Illinois v. Wardlow A person running at the
  sight of a police officer could justify a
  stop-and-frisk.
• U.S. v. Drayton Police officers do not have to
  advise suspects of their right not to consent to
  a search.
• Kyllo v. U.S. Police may not use a thermal
  imaging device to detect the presence of
  high-intensity lamps used to grow marijuana.
• Florida v. J.L. Police cant stop and search a
  person for a gun solely on the basis of an
  anonymous tip.

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Search Warrants

• Search Warrants require
• Probable Cause.
• Signed affidavits by police.
• Issuance by a Judge or magistrate.
• A specific description of the person/place/things,
  etc., to be searched and seized.

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Search and Seizure Jurisprudence

• Terry v. Ohio Police officers may conduct a
  frisk of the outer clothing on the basis of
  reasonable suspicion that a crime is being
  contemplated.
• Chimel v. California In a search incident to
  arrest, the police may search only the
  defendants person can the area within the
  immediate vicinity.
• U.S. v. Leon Creates a limited good-faith
  exception.

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More Search and Seizure Jurisprudence

• Illinois v. Krull Good faith exception applied
  to a warrantless search, even when the state
  statute was late found to violate the Fourth
  Amendment.
• Maryland v. Garrison Evidence is admissible even
  though the specifics in the search warrant were
  inaccurate.
• Knowles v. Iowa Issuing a speeding ticket does
  not give police authority to search the car.
• Arizona v. Evans Evidence is admissible even
  though the specifics in the warrant were based on
  computer error.

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Issues in Search and Seizure Law in a Nutshell

• Stop and Frisk
• Pat-downs
• Good Faith Exception
• Public Safety Exception
• Expectations of Privacy
• Exigent Circumstances
• Arms Length Rule

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Warrantless Searches

• Consent
• Plain View
• Incident to Lawful Arrest
• Vehicle Searches
• Probable Cause
• Consent
• Plain view

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Suppression Hearings

• Motions by defense to suppress certain evidence
  that the defense believes was gleaned illegally.
• Usually as a result of a violation of the
  suspects 4th or 5th Amendment rights.
• Judges hear the argument and make a ruling to
  grant or reject the motions.
• Usually not granted.
• Main witness offering testimony is the police
  officer.

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