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Originally Posted by Undertoad
The court has said you can use evidence gathered without a proper warrant, or obtained illegally (I think), if you were going to get that evidence legally some other way. Can you think of any other leeway decisions?
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Or by 'purged taint', if your actions give similar information.
From
here.
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Although the exclusionary rule has not been completely repudiated, its utilization has been substantially curbed. Initial decisions chipped away at the rule's application. Defendants who themselves were not subjected to illegal searches and seizures may not object to the introduction of evidence illegally obtained from co-conspirators or codefendants,<sup>402</sup> and even a defendant whose rights have been infringed may find the evidence coming in, not as proof of guilt, but to impeach his testimony.<sup>403</sup> Defendants who have been convicted after trials in which they were given a full and fair opportunity to raise claims of Fourth Amendment violations may not subsequently raise those claims on federal habeas corpus, because the costs outweigh the minimal deterrent effect.<sup>404</sup> Evidence obtained through a wrongful search and seizure may sometimes be used in the criminal trial, if the prosecution can show a sufficient attenuation of the link between police misconduct and obtaining of the evidence.<sup>405</sup> If an arrest or a search which was valid at the time it was effectuated becomes bad through the subsequent invalidation of the statute under which the arrest or search was made, evidence obtained thereby is nonetheless admissible.<sup>406</sup> A grand jury witness was not permitted to refuse to answer questions on the ground that they were based on evidence obtained from an unlawful search and seizure,<sup>407</sup> and federal tax authorities were permitted to use in a civil proceeding evidence found to have been unconstitutionally seized from defendant by state authorities.<sup>408</sup> The rule is inapplicable in parole revocation hearings.<sup>409</sup>
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So if the police or IRS are given tainted evidence, it may still be admissible since the prosecuting agency did not engage in the warrentless seizure.
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