|Murray v. United States|
|Argued December 8, 1987|
Decided June 27, 1988
|Full case name||Michael F. Murray v. United States|
|Citations||487 U.S. 533 ( more )|
108 S. Ct. 2529; 101 L. Ed. 2d 472
|The Fourth Amendment does not require the suppression of evidence initially discovered during police officers' illegal entry of private premises if that evidence is also discovered during a later search pursuant to a valid warrant that is wholly independent of the initial illegal entry.|
|Majority||Scalia, joined by Rehnquist, White, Blackmun|
|Dissent||Marshall, joined by Stevens, O'Connor|
|Brennan and Kennedy took no part in the consideration or decision of the case.|
|U.S. Const. amend. IV|
Murray v. United States, 487 U.S. 533 (1988), was a United States Supreme Court decision that created the modern "independent source doctrine" exception to the exclusionary rule. The exclusionary rule makes most evidence gathered through violations of the Fourth Amendment to the United States Constitution inadmissible in criminal trials as "fruit of the poisonous tree". In Murray, the Court ruled that when officers conduct two searches, the first unlawful and the second lawful, evidence seized during the second search is admissible if the second search "is genuinely independent of [the] earlier one."
The case arose out of the conviction of Michael F. Murray for conspiracy to possess and distribute illegal drugs. Based on information received from informants, federal law enforcement agents had been surveilling Murray. They observed Murray drive a truck into a warehouse. The agents saw the truck leave with another driver, and lawfully seized it. The agents found marijuana in the vehicle. After making this discovery, several agents illegally entered the warehouse. They found burlap bales in the warehouse. They did not reenter the warehouse until they received a warrant. In applying for the warrant, the agents did not mention their prior illegal entry.
Justice Scalia delivered the opinion of the Court in a 4-3 decision.
The majority opinion agreed with the government that "the independent source doctrine applies to evidence initially discovered during, or as a consequence of, an unlawful search but later obtained independently from activities untainted by the initial illegality."The Court found that a search pursuant to a warrant is not genuinely independent of evidence if (1) the agents' decision to seek the warrant was prompted by what they had seen during the initial [illegal] entry or (2) if information obtained during that entry was presented to the Magistrate and affected his decision to issue the warrant.
The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.
Mapp v. Ohio, 367 U.S. 643 (1961), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the exclusionary rule, which prevents prosecutors from using evidence in court that was obtained by violating the Fourth Amendment to the U.S. Constitution, applies not only to the U.S. federal government, but also to the U.S. states. The Supreme Court accomplished this by use of a principle known as selective incorporation; in Mapp this involved the incorporation of the provisions, as interpreted by the Court, of the Fourth Amendment which is applicable only to actions of the federal government into the Fourteenth Amendment due process clause which is applicable to actions of the states.
Search and Seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime.
Fruit of the poisonous tree (objection) is a legal metaphor in the United States used to describe evidence that is obtained illegally. The logic of the terminology is that if the source of the evidence or evidence itself is tainted, then anything gained from it is tainted as well.
In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law".
Wolf v. Colorado, 338 U.S. 25 (1949), was a United States Supreme Court case in which the Court held 6-3 that, while the Fourth Amendment was applicable to the states, the exclusionary rule was not a necessary ingredient of the Fourth Amendment's right against warrantless and unreasonable searches and seizures. In Weeks v. United States, 232 U.S. 383 (1914), the Court held that as a matter of judicial implication the exclusionary rule was enforceable in federal courts but not derived from the explicit requirements of the Fourth Amendment. The Wolf Court decided not to incorporate the exclusionary rule as part of the Fourth Amendment in large part because the states which had rejected the Weeks Doctrine had not left the right to privacy without other means of protection. However, because most of the states' rules proved to be ineffective in deterrence, the Court overruled Wolf in Mapp v. Ohio, 367 U.S. 643 (1961). This landmark case made the exclusionary rule enforceable against the states through the Due Process clause of the Fourteenth Amendment to the same extent that it applied against the federal government.
In the United States, the plain view doctrine is an exception to the Fourth Amendment's warrant requirement that allows an officer to seize evidence and contraband that are found in plain view during a lawful observation. The doctrine is also regularly used by TSA officers while screening persons and property at U.S. airports.
Olmstead v. United States, 277 U.S. 438 (1928), was a decision of the Supreme Court of the United States, in which the Court reviewed whether the use of wiretapped private telephone conversations, obtained by federal agents without judicial approval and subsequently used as evidence, constituted a violation of the defendant’s rights provided by the Fourth and Fifth Amendments. In a 5-4 decision, the Court held that neither the Fourth Amendment nor the Fifth Amendment rights of the defendant were violated. This decision was later overturned by Katz v. United States in 1967.
The Aguilar–Spinelli test was a judicial guideline set down by the U.S. Supreme Court for evaluating the validity of a search warrant or a warrantless arrest based on information provided by a confidential informant or an anonymous tip. The Supreme Court abandoned the Aguilar–Spinelli test in Illinois v. Gates, 462 U.S. 213 (1983), in favor of a rule that evaluates the reliability of the information under the "totality of the circumstances." However, Alaska, Hawaii, Massachusetts, New York, Vermont, Oregon, and Washington have retained the Aguilar–Spinelli test, based on their own state constitutions.
Hudson v. Michigan, 547 U.S. 586 (2006), is a United States Supreme Court case in which the Court held that a violation of the Fourth Amendment requirement that police officers knock, announce their presence, and wait a reasonable amount of time before entering a private residence does not require suppression of the evidence obtained in the ensuing search.
Arizona v. Evans, 514 U.S. 1 (1995), was a United States Supreme Court case in which the Court instituted an exclusionary rule exception allowing evidence obtained through a warrantless search to be valid when a police record erroneously indicates the existence of an outstanding warrant due to negligent conduct of a Clerk of Court.
Suppression of evidence is a term used in the United States legal system to describe the lawful or unlawful act of preventing evidence from being shown in a trial. This could happen for several reasons. For example, if a judge believes that the evidence in question was obtained illegally, the judge can rule that it not be shown in court. It could also refer to a prosecutor improperly or intentionally hiding evidence that does not go with their case and could suggest or prove to the judge or jury that the defendant is not guilty or that (s)he is legally obligated to show the defense. In the latter case, this would be a violation of the 5th amendment to the United States Constitution. Also Rule 3.8 of the ABA Model Rules of Professional Conduct requires prosecutors to "make timely disclosure to the defense of all evidence or information that tends to negate the guilt of the accused or mitigates the offense." This can result in a mistrial in the latter case and/or the dismissal of the prosecutor.
Ker v. California, 374 U.S. 23 (1963), was a case before the United States Supreme Court, which incorporated the Fourth Amendment's protections against illegal search and seizure. The case was decided on June 10, 1963, by a vote of 5–4.
Herring v. United States, 555 U.S. 135 (2009), was a case decided by the Supreme Court of the United States on January 14, 2009. The court decided that the good-faith exception to the exclusionary rule applies when a police officer makes an arrest based on an outstanding warrant in another jurisdiction, but the information regarding that warrant is later found to be incorrect because of a negligent error by that agency.
Carroll v. United States, 267 U.S. 132 (1925), was a decision by the United States Supreme Court that upheld the warrantless searches of an automobile, which is known as the automobile exception. The case has also been cited as widening the scope of warrantless search.
Wong Sun v. United States, 371 U.S. 471 (1963), is a United States Supreme Court decision excluding the presentation of verbal evidence and recovered narcotics where they were both fruits of an illegal entry. Narcotics agents unlawfully entered Toy's laundry at which point Toy indicated that Jonny was selling narcotics. The drug agents then went to Jonny and found the narcotics. Jonny made a deal to give up his supplier, Wong Sun. The agents then arrested Wong Sun. All were arraigned and released on their own recognizance. Several days later, Wong Sun voluntarily returned to the police station to make a statement, during the process of which he confessed.
Stoner v. California, 376 U.S. 483 (1964), is a United States Supreme Court decision involving the Fourth Amendment. It was a criminal case appealed from the California Courts of Appeal after the California Supreme Court denied review. The case extended the situations under which search warrants are required as they reversed a robbery conviction made on the basis of evidence obtained in violation of the holding.
United States v. Janis, 428 U.S. 433 (1976), was a Supreme Court Case that found Max Janis and Morris Levine guilty of illegal bookmaking activities in Los Angeles in a 5-3 ruling. The two were arrested for the crime in November 1968. Appealing on the grounds of unconstitutionally seized evidence, Janis and Levine were heard by the 9th Circuit Court of Appeals in 1973. The case was ultimately heard by the Supreme Court in 1975, and the two were found guilty in 1976. More importantly, the case established that the exclusionary rule does not apply to civil cases where evidence is unconstitutionally seized by a state officer but used by a federal institution.
Elkins v. United States, 364 U.S. 206 (1960), was a US Supreme Court decision that held the "silver platter doctrine", which allowed federal prosecutors to use evidence illegally gathered by state police, to be a violation of the Fourth Amendment to the United States Constitution.
In US law, the independent source doctrine is an exception to the exclusionary rule. The doctrine applies to evidence initially discovered during, or as a consequence of, an unlawful search, but later obtained independently from activities untainted by the initial illegality.