Section 10.4 Exclusionary Rule—Fourth Amendment Considerations

• Library: Criminal Practice 2012 Supp

C. (§10.4) Exclusionary Rule—Fourth Amendment Considerations

Is an otherwise “fair” pretrial confrontation and otherwise admissible in-court identification tainted by an unlawful arrest without probable cause under the Fourth Amendment? The Fourth Amendment renders inadmissible not only tangible evidence obtained as a result of unconstitutional (without probable cause) arrest, but also the intangible fruits of such an arrest. See Wong Sun v. United States, 371 U.S. 471 (1963); Mapp v. Ohio, 367 U.S. 643 (1961); Davis v. Miss., 394 U.S. 721 (1969). These decisions hold that intangibles such as confessions and lineup identifications are not admissible in evidence if they are the fruits of an unconstitutional seizure of the person confessing.

In Missouri, identification...