SOC-4680 Chapter Notes - Chapter 5: Exclusionary Rule, Curtilage
Document Summary
U. s. v. weeks (1914) - evidence collected illegally by federal agents is inadmissible. Silver platter doctrine still admitted evidence illegally collected by state agents (i. e. that was served up to state and federal courts on a silver platter. Mapp v. ohio (1957) applied the rule to the states via the. Silverthorne lumber (1920) fruit of the poisonous tree. Derivative evidence rule prohibits introduction of: additional evidence that would not have been discovered; witnesses who might have remained unknown; and, confessions or admissions made under the presentment of illegally obtained evidence. Elapsed time between illegal action and the acquisition of evidence. Good faith u. s. v. leon (police); arizona v. evans (court employees) Attacked by both sides as arbitrary and capricious. Law enforcement claims it is used unfairly by defense. Defense claims it has been obliterated by the various exceptions. Rawlings v. kentucky - absence of a violation of the expectation of privacy when no ownership interest exists (i. e. purse)
