PART III – RULES OF EVIDENCE

1. See glossary definition of term “evidence.”

2. See glossary definition of the term “chain of custody.”

3. See glossary definition of term “best evidence rule.”

4. a. See glossary definition of the term “hearsay rule.”

b. Hearsay may be used in every step of the information gathering process, and may be used as part of the probable cause needed to arrest or search, but may not be used in trial unless it falls under one of the exceptions to the Hearsay Rule, or unless the original source of the information testifies (in which case it is not hearsay anymore).

c. Any time a police officer is acting as a witness to prove the contents of the report, it is hearsay, whether it falls under an exception to the Hearsay Rule or not.

d. & e See handouts - “Exceptions to Hearsay.”

5. a. Suggestiveness - the relative suggestiveness of the method used (and whether it was appropriate to the circumstances) and how suggestively that identification method was employed.

b. Lineups - when the suspect or defendant is in physical custody.
Photo spreads - when the suspect is known, but is not in custody.
One-on-one confrontations - when the suspect is detained.

c. two specific requirements - (1) make the one-on-one confrontation no more than a few minutes after the commission of the crime, and (2) allow no coaching of the witness.

d. See handouts - “Real World One-on-One Confrontations.”

e. See text - pages 3:3 (B. & C).

f. See text - pages 3:2 (first red paragraph).

g. See text - page 3:3 – 3:4 (D).

6. a. See glossary definition of the term “Exclusionary Rule.”

b. See glossary definition of the term “Fruit of the Poisonous Tree Doctrine”
see handouts - “The Fruit of the Poisonous Tree.”

c. The Exclusionary Rule is intended to remedy Fourth, Fifth and Sixth Amendment violations by punishing police officers who ignore their provisions. The point/issue is, the police officer is not really penalized by the actions of the Exclusionary Rule and the Fruit of the Poisonous Tree. Other than losing a case because evidence is thrown out, there is little effect on the police officer. However, known felons who were released by the Exclusionary Rule, arguably do hurt society by committing more crimes. So, in a sense, it is society that is punished, not the police officer.

d. According to the concept of right and remedy, there still needs to be a remedy if our rights are to mean anything. The other available remedy – civil suit – is not an effective deterent of police misconduct because the convicted criminal is not an credible plaintiff and therefore unlikely to win. The Exclusionary Rule is the best remedy currently available to the judiciary.

e. & f. See handouts - “Four Exceptions to Exclusionary Rule.” Note that in Arizona v. Evans (93-1660), 514 U.S. 1 (1995) the Supreme Court expanded the “Good Faith” exception to include situations where officers depended upon computer-based information that was later determined to be faulty because of clerical error.