What is the test for admitting or denying evidence obtained in violation of the Fourth Amendment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Pillion, 967 F.2d 595 (9th Cir. 1992):
Information gained in violation of the Fourth Amendment may not be admitted as direct evidence. Elkins v. United States, 364 U.S. 206, 223 (1960); United States v. Ant, 882 F.2d 1389, 1393 (9th Cir.1989). Such evidence, however, is admissible for impeachment. United States v. Havens, 446 U.S. 620, 627-28 (1980) ("[A] defendant's statements ... are subject to ... impeachment by the government, albeit by evidence that has been illegally obtained....").
The district court is AFFIRMED.
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