6.12

• Jurisdiction: Arizona

§ 6.12 Use of Illegally Seized Evidence as Impeachment at Criminal Trial

Although prosecutors may not use evidence obtained in violation of the Fourth Amendment in their case-in-chief, the Supreme Court permits physical evidence obtained in violation of Fourth Amendment to be used in the government’s rebuttal case to impeach a statement made by the defendant on cross-examination. United States v. Havens, 446 U.S. 620 (1980); see also State v. Menard, 135 Ariz. 385, 661 P.2d 649 (App. 1982) (Div. 2) (prosecution could use illegally seized evidence to impeach defendant if he chose to testify); State v. Williams, 236 Ariz. 600, 343 P.3d 470 (App. 2015) (Div...