Section 1200-1205 Chapter one of California Evidence Code
California determines whether a particular statement was properly acquired and that it can be properly admitted under the Code of Evidence. Every section of the California Code of Evidence considers the admissibility of evidence. Lawyers consider the circumstance that surrounds the method of acquiring the statement, the nature of the statement, the speaker and what the purpose of this statement is being admitted for. California also has strict laws against hearsay evidence if it is proved accurate it can be used as an admissible statement in California court. A statement must not be coerced and their Miranda rights must have been read to them. The judge has the final say.
Exclusionary Rule
Neil vs. California
California Supreme court and reversed a conviction on the grounds that Detective Martin Coerced a confession from Neil. The repeated violation of Miranda safeguards that Neil’s youth and lack of education and low intelligence, Detective Martin used threats and promises and isolation and deprivation of the overnight holding cell to get a confession from Neil.
http://www.shouselaw.com/confessions.html
Precedent
California vs. Greenwood
This is where there was drug trafficking in a single family home. They would put the drugs in a plastic bag and set it out on the curb. Investigators had the garbage mean pick it up, and that is where they found cocaine and marijuana. The investigators got a warrant and found more drugs in the house they were arrested and in jail where they were bailed out. Few months later they did the same thing and were arrested for the same thing. They dropped the charges because it was an unwarranted trash search. Later on the court of appeals went over them and said that there wasn’t anything private in the trash and that anything set to the curb to take to the trash was ok to search.
