Improperly Obtained Evidence Flashcards
What are the three categories of improperly obtained evidence?
1) Unconstitutionally obtained, 2) Illegally obtained, 3) Unfairly obtained (emerging concept).
What case established the exclusion of evidence after a deliberate and conscious breach of constitutional rights?
People (AG) v O’Brien [1965]
What is required for evidence to be excluded under O’Brien?
A deliberate and conscious breach of constitutional rights, unless extraordinary excusing circumstances exist.
What case introduced absolute exclusion of unconstitutionally obtained evidence, even if done unintentionally?
People v Kenny [1990]
What were the three reasons for exclusion of improperly obtained evidence according to McGrath?
1) Protect justice system integrity, 2) Deter police misconduct, 3) Vindicate accused’s rights.
What case overturned the strict Kenny exclusion rule?
DPP v JC [2015]
What is the new rule from DPP v JC?
Evidence obtained unconstitutionally is admissible if the breach was due to inadvertence or legal mistake.
Who bears the burden of proof regarding the constitutionality of obtained evidence?
The prosecution.
What is the ‘fruit of the poisoned tree’ principle?
Evidence is excluded if it is causally linked to a constitutional breach.
What case stressed the need for a causative link between breach and evidence?
Walsh v O’Buachalla [1991]
Can third parties invoke constitutional protections for unlawful searches?
Yes, if they live there (People v Bowes), but not as transient visitors.
Name one example of ‘extraordinary excusing circumstances.’
Imminent destruction of vital evidence.
Which case justified Garda entry due to imminent destruction of evidence?
Freeman v DPP [1996]
What constitutional right is engaged when Gardaí detain without legal basis?
Right to liberty — Article 40.4.1
What happens to confessions made during unlawful detention?
They are inadmissible unless extraordinary excusing circumstances apply.
What case expanded the right of access to a lawyer before questioning?
DPP v Gormley and White [2014]
Can Gardaí question a suspect after they request a solicitor but before the solicitor arrives?
No, as per Gormley, questioning must stop until legal advice is obtained.
Is there a constitutional right to have a solicitor present during interrogation?
No, but Gormley suggests this may develop in future.
What case confirmed that legal consultations must be private?
DPP v Finnegan
What is the practical effect of DPP v JC on Garda conduct?
Gardaí are protected against exclusion for inadvertent constitutional breaches, but deliberate breaches still lead to exclusion.
