Chapter 5 - §4. Procedure for excluding evidence

• Jurisdiction: United States

§4. Procedure for excluding evidence

When challenging the admissibility of evidence obtained in violation of the Sixth Amendment right to counsel, the defense should consider (1) the available procedural mechanisms for such a challenge and (2) the associated burden of proof.

§4.1. Procedural mechanisms. To exclude evidence based on a violation of the Sixth Amendment right to counsel, the defendant must take affirmative action or risk waiving the issue. The methods for seeking exclusion based on a violation of the right to counsel are procedurally identical to the methods for seeking exclusion of an involuntary statement. See "Procedural mechanisms," ch. 5-B, §4.1. When seeking exclusion, whether by pretrial motion or objection, a practitioner must state the specific legal grounds for the exclusion. People v. Morris (1991) 53 Cal.3d 152, 188, disapproved on other grounds, People v. Stansbury (1995) 9 Cal.4th 824; see Evid. C. §353; People v....