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What cases show how evidence obtained by a citizen(NON-COP) is admissable in court?
Can you find a case where evidence obtained by a security guard, bounty hunter etc. was used to convict?
I need 2 cases that show how the exclusionary rule (evidence obtained by a person who is not law enforcement is admissible in court even if it's an illegal search since it wasn't done by a cop) was used to convict a person of a crime.
I'm studying the case of Burdeau v. McDowell and how the U.S. Supreme Court ruled any incriminating evidence that is obtained during an illegal search by any non-law enforcement private party, security officer, bounty hunter and the like, is admissible in criminal and civil court.
2 Answers
- RetroRanchLv 61 decade agoFavorite Answer
You should also note that it doesn't matter what federal rules and case law allow, if state law has a different effect. For instance, this is from the Texas Code of Criminal Procedure:
Art. 38.23. EVIDENCE NOT TO BE USED. (a) No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case.
That came into effect in 1987. Before that, illegally obtained evidence could be used, so long as the person who illegally obtained it wasn't an agent of government, hadn't been prompted by the police.
- bhimaLv 45 years ago
Illegally gained data CAN and robotically IS ruled inadmissible in courtroom. The shape does not specify this because of the fact the therapy for violation of the defendants rights. it particularly is possible, yet unlikely, that a courtroom ought to alter their interpretation at some time interior the destiny.
