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Homeland Security Homeland Security FEDERAL LAW ENFORCEMENT TRAINING CENTERS OFFICE OF CHIEF COUNSEL GLYNCO, GEORGIA LEGAL DIVISION REFERENCE BOOK 2015 Foreword to the 2015 Edition The Legal Division Reference Book is the culmination of almost forty years of dedicated efforts of many members of the Office of Chief Counsel’s Legal Division at the Federal Law Enforcement Training Centers. The reader will find brief descriptions of the facts, issues and holdings of important Supreme Court cases concerning many Fourth, Fifth and Sixth Amendment issues, as well as several others. There is also an Additional Resources section which includes useful materials for your studies. Additionally, I invite all to visit the Legal Division’s website at: www.fletc.gov/legal-resources This website contains other resources to keep law enforcement officers updated on the ever changing law enforcement legal landscape, such as: The Informer – a monthly review of significant Supreme Court and Federal Courts of Appeals cases of interest to law enforcement. A free subscription is offered to The Informer by going to the web site listed above and clicking on the “Subscribe to The Informer” link. Webcasts – monthly presentations presented gratis from members of the Legal Division staff on an assortment of topics. Dates and topics can be found at www.fletc.gov under Programs & Notices and as advertised in The Informer. Case Digests – compilations of all of the cases reported in The Informer during the current year as well as previous years, arranged by federal judicial circuit and subject matter. PodCasts – covering the Fourth, Fifth, and Sixth Amendments as well as many other issues of interest to law enforcement officers. These 7- 10 minute presentations can be accessed through a computer or downloaded to an MP3 player. The site also contains articles, training programs, FAQs, and downloads. Susan B. Thornton Chief, Legal Division January 2015 How to Use this Book The Legal Division Handbook relies essentially on the Supreme Court cases that have developed Fourth, Fifth and Sixth Amendment law. Crucial principles of the law are embedded in the Handbook text with frequent cites to the pertinent cases. This Reference Book provides an opportunity to gain further insight, clarity and understanding of the law by setting out the facts, issues, holding, and rationales of those significant decisions. The cases are listed by subject in the Table of Contents and by name in the Index in the back of this book. This Reference Book is also helpful in preparing for legal examinations. The facts of each case can mimic the material that make up multiple choice test questions. The issue in each case brief can serve as a test question. Students may attempt to answer the question posed in the issue before reading the Supreme Court’s answer and rationale as a means of testing knowledge gained from course work and the Handbook. For additional practice test questions, visit: https://www.fletc.gov/complete-practice-exam-set-pdf Specific guidance and policies from the Department of Justice and Department of Homeland Security is arranged for quick reference on issues such as: Use of Race, Legal Ethics, Consensual Monitoring, Use of Deadly Force, the Public Safety Exception, Discovery in Criminal Cases, Use, Preservation and Disclosure of eCommunications in Federal Criminal Cases, Electronic Recording of Statements, and Interviewing Government Employees. ii Table of Contents I. FOURTH AMENDMENT - EXCLUSIONARY RULE .................... 1 A. Origins ........................................................................................ 1 Weeks v. United States ......................................................................................... 1 Elkins v. United States ......................................................................................... 2 Mapp v. Ohio ......................................................................................................... 2 B. Fruit of the Poisonous Tree ........................................................ 4 Silverthorne Lumber Co. v. United States ............................................................ 4 Nardone v. United States ..................................................................................... 5 United States v. Ceccolini ..................................................................................... 5 United States v. Crews ......................................................................................... 6 Taylor v. Alabama ................................................................................................ 8 Trupiano v. United States ..................................................................................... 9 C. Exceptions ................................................................................ 10 1. No Standing to Object ...................................................................... 10 Rawlings v. Kentucky ......................................................................................... 10 Rakas v. Illinois .................................................................................................. 11 Wong Sun v. United States ................................................................................. 11 United States v. Salvucci, Jr. .............................................................................. 13 United States v. Payner ...................................................................................... 13 United States v. Padilla ...................................................................................... 15 Alderman v. United States ................................................................................. 16 Mancusi v. DeForte ............................................................................................. 16 2. Good Faith Exception ...................................................................... 17 United States v. Leon .......................................................................................... 17 Massachusetts v. Sheppard ............................................................................... 18 Arizona v. Evans ................................................................................................. 20 Herring v. United States ..................................................................................... 20 Davis v. United States ........................................................................................ 21 Illinois v. Krull ..................................................................................................... 22 3. Impeachment Purposes .................................................................... 23 Walder v. United States ...................................................................................... 23 United States v. Havens ..................................................................................... 24 James v. Illinois .................................................................................................. 26 4. Independent Source ......................................................................... 27 Murray v. United States ..................................................................................... 27 5. Inevitable Discovery ......................................................................... 28 Nix v. Williams .................................................................................................... 28 6. Other Hearings ................................................................................. 29 United States v. Calandra .................................................................................. 29 Table of Contents iii Pennsylvania Board of Probation and Parole v. Scott ....................................... 30 II. WHAT IS A SEARCH? .......................................................... 31 Olmstead v. United States .................................................................................. 31 Katz v. United States .......................................................................................... 32 United States v. Jones ........................................................................................ 33 A. Applies to Government Activities Only ..................................... 34 New Jersey v. T.L.O. ........................................................................................... 34 Coolidge v. New Hampshire ............................................................................... 35 Gouled v. United States ...................................................................................... 36 B. Reasonable Expectation of Privacy ........................................... 37 California v. Ciraolo ............................................................................................ 37 Dow Chemical Co. v. United States .................................................................... 37 Florida v. Riley .................................................................................................... 38 United States v. Chadwick ................................................................................. 39 Illinois v. Andreas ............................................................................................... 40 United States v. Karo .......................................................................................... 42 Cardwell v. Lewis ..............................................................................................
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