Class notes
Unconstitutionally obtained evidence
- Institution
- Stellenbosch University (SUN)
Lecture notes of 21 pages for the course Law (criminal, private, persons, family, roman, constitutional) at SUN
[Show more]
Content preview
Unconstitutionally obtained evidencewritten by:
steini
The study-notes marketplace
Buy and sell all your summaries, notes, theses, essays, papers, cases, manuals, researches, and
many more...
www.stuvia.com
, Stuvia.com - The study-notes marketplace
Chapter 12: Unconstitutionally obtained evidence
Only need to read many paragraphs in this chapter. Look at course outline.
Regulated by Section 35(5) of the constitution - evidence that is obtained in a
manner that violates any right in the BOR must be excluded if the admission of that
evidence would render the trial unfair or otherwise be detrimental to the
administration of justice.
A. Background
USA: Mapp v Ohio
o 1961 the police came to Ms Mapps house looking for a fleeing whatever. She
phoned attorney who advised her that they need a warrant. They came back with
what they called a warrant. Only waved it in front of her. Did not find the suspect.
Opened drawers and found pornographic material. So charged her with that. She
was convicted and took the matter to the SCA. Her argument advanced was that
constitutional guarantees are
o SCA agreed with her yes we base our decision on the fourth amendment and it
refers to the fact that people shall be secure in their houses in effect against
unlawful searches. Can’t allow police to act the way they acted in this case. They
never showed here the warrant. So was an unlawful search actually
o Principle stuck that real evidence obtained ito an unlawful search must be excluded
according to the fourth amendment, but she was substantially guilty.
o There was factual guilt but legal guilt is required.
o The fruits of the poisonous tree.
o Rule is limited by the following factors:
Accused must have standing
Rule does not apply to civil tax action etc.
Miranda v Arizona – The Miranda warnings
o Person held in custody and questioned by police must be informed by his right to
remain silent and his right to consult and if he cannot afford a lawyer then one will
be provided for him. If he cannot get legal advice he will not know when to be silent
or when he can be silent.
o Miranda was held not guilty.
o Have spoken about this case before. Think chapter 10.
After the above cases the USA got a fright.
o Absurd result after finding a body with a technical difficulty therefore could not
submit evidence and it was as if the girl never even was alive. Technically….
Common law
o Ito section 252 of the CPA law of admissibility of evidence
o Relevance is the test. The court was not concerned with how the evidence was
obtained except for in a criminal case a judge always has the discretion to disallow
evidence if the strict rules of evidence would operated unfairly against the accused.
o Trend was to include rather than to exclude
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller steini. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R75,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53022 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now