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Constitutional Law - Confessions - Evidence Obtained Pursuant to an Illegal Arrest Is Inadmissable at Trial - Taylor V

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Constitutional Law - Confessions - Evidence Obtained Pursuant to an Illegal Arrest Is Inadmissable at Trial - Taylor V UCLA National Black Law Journal Title Constitutional Law - Confessions - Evidence Obtained Pursuant to an Illegal Arrest is Inadmissable at Trial - Taylor v. Alabama Permalink https://escholarship.org/uc/item/1q11z9h8 Journal National Black Law Journal, 8(2) ISSN 0896-0194 Author Palmer, Debra D. Publication Date 1983 Peer reviewed eScholarship.org Powered by the California Digital Library University of California CONSTITUTIONAL LAW-CONFESSIONS- EVIDENCE OBTAINED PURSUANT TO AN ILLEGAL ARREST IS INADMISSIBLE AT TRIAL Taylor v. Alabama' I. INTRODUCTION The fourth amendment2 commands that every individual is protected against unreasonable searches and seizures and that this right shall not be violated. The amendment also provides that no warrants shall issue but upon probable cause. This note will examine the history, development, and current status of the fourth amendment exclusionary rule. Emphasis will be placed on Taylor v. Alabama,3 which is consistent with the Supreme Court's prior decisions.' The United States Supreme Court announced, through the opinion of Justice Marshall, that evidence obtained pursuant to an illegal arrest is inad- missible at trial. The controversy in Taylor was whether petitioner's confes- sion,5 which was obtained after a warrantless arrest6 based on less than probable cause,' should have been excluded from evidence as "fruit of the illegal arrest." Prior to petitioner's arrest there had been a number of robberies in the area and the police had initiated an intensive manhunt in an effort to appre- hend the robbers. An individual, who was at the time incarcerated, told an officer that he had heard that petitioner was involved in the robbery. On the basis of that information petitioner was arrested without a warrant. 1. Taylor v. Alabama, 102 S. Ct. 2664 (1982). 2. The fourth amendment provides: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. U.S. CONST. amend. IV. 3. Taylor, 102 S. Ct. at 2664. 4. See, e.g., Dunaway v. New York, 442 U.S. 200 (1979) (fruits of detainment lacking prob- able cause excluded); Brown v. Illinois, 422 U.S. 590 (1975) (fruits of illegal arrest excluded); Mapp v. Ohio, 367 U.S. 643 (1961) (exclusionary rule applied to states); Silverthorne Lumber Co. v. United States, 251 U.S. 385 (1920) (exclusionary rule applied to secondary evidence); Weeks v. United States, 232 U.S. 383 (1914) (exclusionary rule applied to primary evidence). But see Rawl- ings v. Kentucky, 448 U.S. 98 (1980) (exclusionary rule not applied to fruits of illegal arrest). 5. A confession is "an acknowledgement, declaration or admission by a person that he has participated in, or committed a crime." J. VARON, SEARCHES SmZURES AND IMMUNITIES 989-90 (2d ed. 1974). 6. Arrest is defined as the deprivation of a persons liberty by legal authority. See BLACK'S LAW DICTIONARY 100 (rev. 5th ed. 1979). A warrantless arrest occurs when a person is arrested without a warrant. Id at 1422. 7. See Brinegar v. United States, 338 U.S. 160, 176 (1949) (probable cause required to "safe- guard citizens from rash and unreasonable interferences with privacy and from unfounded charges of crime"). Probable cause for arrest, search and seizure exists where there are reasonable grounds to believe that a person should be arrested; BLACK'S LAW DICTIONARY 1081 (rev. 5th ed. 1979). BLACK LAW JOURNAL 349 Upon arrival at the police station he was advised of his constitutional rights as required by Miranda Y. Arizona,8 interrogated, fingerprinted, and placed in a lineup. He then confessed after being confronted with evidence that his fingerprints matched those found on some grocery items that had been held by one of the robbers. Petitioner filed a pretrial motion to suppress the evidence as fruit of the illegal arrest.' The motion was denied. The Alabama Court of Criminal Appeals reversed the trial court's decision and held that the confession should not have been admitted into evidence.' The Alabama Supreme Court reversed the decision of the Court of Criminal Appeals." The United States Supreme Court granted certiorari.' 2 On the basis of Brown v. IllinoisI3 and Dunaway v. New York' 4 it held that petitioner's con- fession was the fruit of his illegal arrest and should not have been admitted at his trial.15 II. BACKGROUND A. The Aims and Purposes of the FourthAmendment The concept that searches' 6 and seizures' 7 should be reasonable originated from the common experiences of English'8 and American 9 peo- ple with their governments. The fight for the protection of personal liberties against abusive searches and seizures was not only of primary concern in the American revolution, but also concerned the states as indicated by their constitutions.2 8. 384 U.S. 486 (1966) (an individual in custody or deprived of his freedom by the authori- ties, must be warned prior to questioning that he has the right to remain silent, that anything he says can be used against him in court, that he has the right to an attorney, and that if he cannot afford an attorney one will be appointed for him prior to questioning). See, id 9. Taylor v. State, 399 So. 2d 875, 876 (Ala. Crim. App. 1980). 10. Id at 880. 11. Taylor v. Alabama, 399 So. 2d 881, 893 (Ala. 1981). 12. Taylor, 102 S.Ct. at 2664. 13. 422 U.S. 590 (1975). 14. Dunaway, 442 U.S. at 200. 15. Taylor, 102 S.Ct. at 2669. 16. Searches of persons have been defined as any physical touching of an individual's body or clothing that causes hidden objects or matter to be revealed. See Amsterdam, Perspectives on the FourthAmendment, 58 MiNN.L. REv. 349, 356 (1974). 17. Seizures of persons, include arrests, investigatory detentions, and any other detention of an individual against his will. See id at 362. 18. Mr. Fraenkel suggests that the demand for the fourth amendment can be traced to the history of England. He points to the easy issuing of general warrants in England and their declara- tion as illegal by the House of Commons. Fraenkel, Concerning Searches and Seizures, 34 HARv. L. REv. 361, 361-67 (1921). See also A. SALTZBURG, AMERICAN CRIMINAL PROCEDURE CASES AND COMMENTARY 50-53 (1980). 19. Mr. Landynski submits that "(t)he amendment was adopted in response to deep resent- ment against the general warrant used by British officials to search for goods smuggled into the Colonies." J. LANDYNSKI, THE RIOHTS OF THE ACCUSED: OVERVIEW, EFFECTS, AND CAUSES 30 (S. Nagel 2d ed. 1972). 20. In 1774 the Continental Congress had listed the abuses of search powers in its petition to the King for a redress of grievances. This action indicated "that at the time of the Revolution, the primary concern of the colonists was. warrants which gave unbridled discretion to the enforc- ing officers." By 1780 "all the elements of the fourth amendment had been introduced in some form in the bill of rights of a state constitution." A. SALTZBURo, AMERICAN CRIMINAL PROCE- DURE CASES AND COMMENTARY 51 (1980). For more detail see Fraenkel, ConcerningSearches and 350 BLACK LAW JOURNAL The framers of our Constitution "recognized the tendency of even well meaning officials, once caught up in the excitement of suspected criminals, to use whatever shortcuts seemed most effective and to ignore the liberties of the citizenry. The police cure, they thought, could be worse than the social ill."" As a result, the fourth amendment of the Constitution was framed to protect citizens' liberties and to place restraints on official action.22 The fourth amendment has two clauses. The first forbids unreasonable searches and seizures, while the second states the conditions for a valid war- rant.' In essence, the fourth amendment has the effect of shielding citizens from unreasonable arrests and searches and seizures by requiring that they be based on probable cause.24 B. The Exclusionary Rule-A Remedy ForFourth Amendment Violations The exclusionary rule renders inadmissible to criminal proceedings ille- gally obtained evidence.25 The purpose of the rule, as stated by the Supreme Court in United States v. Calandra,26 is to deter law officials from violating the mandates of the fourth amendment. The maintenance and preservation of judicial integrity from the ill effects of governmental actions 27 as well as the development of a process of personal vindication for citizens whose con- stitutional rights have been infringed are also purposes behind the rule.2 8 At common law the manner in which evidence was acquired was imma- terial, and evidence was admissible so long as it was trustworthy.29 How- ever, in 1914, the common law precedent was broken when the Supreme Court in Weeks v. UnitedStates," ordered the federal courts to exclude evi- Seizures, 34 HARv. L. REV. 361, 361 (1921) (constitutional provisions similar to the eighth amend- ment exist in all of the states except New York). 21. M. ZARR, THE BILL OF RIGHTS AND THE POLICE 1 (1970). 22. Id at 1-3. 23. See J. LANDYNSKi, THE RIGHTS OF THE ACCUSED: OVERVIEW, EFFECTS, AND CAUSES 30 (S. Nagel 2d ed. 1972). 24. See W. RINGEL, SEARCHES AND SEIZURES, ARRESTS AND CONFESSIONS § 4.1 (1981). 25. See United States v. Calandra, 414 U.S. 338 (1974) (evidence obtained in violation of the fourth amendment cannot be used in a criminal proceeding against the victim of the illegal search and seizure). See generally S. SCHLESiNoER, EXCLUSIONARY INJUSTICE, THE PROBLEM OF ILLE- GALLY OBTAINED EVIDENCE 1 (1977).
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