LEGAL

RESEARCH

Use of Force
- Generally
The Sixth Amendment Right to Counsel
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- Confrontation Clause
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  - Maine v. Moulton
- Critical Stages - Lineups
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  - Gilbert v. California
- Critical Stages - Questioning
- Right to Counsel
  - Gideon v. Wainwright
  - Massiah v. United States
The Fourth Amendment: What is a Search?
- Abandoned Property
  - Abel v. United States
  - California v. Greenwood
- Applies to Government Activities Only
- Foreign Searches
  - United States v. Verdugo-Urquidez
- Generally
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  - Walter v. United States
  - United States v. Jacobsen
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The Forth Amendment: What is a Seizure?
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- Arrests-Generally
  - Atwater v. City of Lago Vista
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Search Warrants
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  - Lo-Ji Sales, Inc. v. New York
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- Probable Cause - Required
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- With Particularity
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  - United States v. Flores-Montano
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  - Birchfield v. North Dakota
- Search Incident to Arrest - Cell Phones
  - Riley v. California
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- Officer's Intent
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- Fruit of the Poisonus Tree
- Origins

Exceptions - No Standing to Object

Wong Sun v. United States

Facts

Agents illegally seized Johnny Yee, then “Blackie” Toy, who led the agents to Wong Sun’s neighborhood where Toy pointed out where Wong Sun lived. An agent rang a doorbell, identified himself as a narcotics agent to the woman on the landing, and asked for “Mr. Wong Sun.” The woman told the agent Wong Sun was “in the back room sleeping.” The agent and six other officers entered the apartment. One of the officers went into the back room and brought Wong Sun from the bedroom in handcuffs. A thorough search of the apartment followed, but the officers did not discover any narcotic; however, Wong Sun made incriminating statements to the officers.

The government tried Wong Sun for distribution of narcotics. The trial court admitted the government’s evidence over the objections by the defense that the following items were fruits of unlawful arrests and searches: (1) the statements made orally by Toy at the time of his arrest; (2) the heroin surrendered by Johnny Yee; (3) Toy’s pretrial unsigned statement; and (4) Wong Sun’s statements.

Issue

Whether the four items of evidence were admissible against the defendant Wong Sun?

Held

Yes. Wong Sun did not have standing to object to the introduction of the first three pieces of evidence and Wong Sun’s statements were admissible.

Discussion

A search that is unlawful at its inception is not validated by what officers discover in that search. However, even though contraband seized by officers is inadmissible against one defendant, it is admissible against another who has not suffered the unauthorized invasion of his privacy. Defendants must have standing to object.

As for the defendant’s statements, “The exclusionary rule has no application because the Government learned of the evidence from an independent source. . . . We need not hold that all evidence is the fruit of the poisonous tree simply because it would not have come to light but for the illegal actions of the police. Rather, the more apt question in such a case is whether, granting establishment of the primary illegality, the evidence to which instant objection is made has been come at by exploitation of that illegality or instead by means sufficiently distinguishable to be purged of the primary taint.” The Court held that the illegality that led to the defendant’s statements had become attenuated.

Citation

371 U.S. 471, 83 S. Ct. 407 (1963)

LEGAL

Use of Force

Generally

The Sixth Amendment Right to Counsel

Attachment of Right

Confrontation Clause

Crime Specfific

Critical Stages - Lineups

Critical Stages - Questioning

Right to Counsel

The Fourth Amendment: What is a Search?

Abandoned Property

Applies to Government Activities Only

Foreign Searches

Generally

Open Fields & Curtilage

Private Intrusions

Reasonable Expectation of Privacy

Third Party Control

The Forth Amendment: What is a Seizure?

Arrests-Arrest Warrants

Arrests-Generally

Arrests-Premises

Arrests-Third Party Premises

Generally

Stops-Generally

Stops-Terry/Traffic Stops

The Fifth Amendment

Compelled

Due Process

Fourth Amendement Violations

Holder of the Privelege