The Eighth Circuit Court of Appeals reversed. As Professor Kamisar has demonstrated, there are a number of unexplained ambiguities in the record. at 360 U. S. 326 (Douglas, J., concurring, joined by Black and BRENNAN, JJ.). On appeal, the state courts affirmed the conviction. That court concluded that the evidence in question had been wrongly admitted at Williams' trial, Williams v. Brewer, 375 F. Supp. At this point, Leaming and his party were joined by the officers in charge of the search. JUSTICE BRENNAN, with whom JUSTICE MARSHALL joins, dissenting. Id. 664 (1981). In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.
§ 2254(d). See also Moore v. Illinois, 434 U. S. 220 (1977). ", Leaming told Williams he knew the body was in the area of Mitchellville -- a town they would be passing on the way to Des Moines. But when, as here, the evidence in question would inevitably have been discovered without reference to the police error or misconduct, there is no nexus sufficient to provide a taint, and the evidence is admissible. (b) Under the inevitable discovery exception, the prosecution is not required to prove the absence of bad faith, since such a requirement would result in withholding from juries relevant and undoubted truth that would have been available to police absent any unlawful police activity. 305, 323, 315 F.2d 241, 259 (1962) (en banc) (Burger, J., dissenting). That expenditure surely provides an adequate deterrent to similar violations; the responsibility for that expenditure lies not with the Constitution, but rather with the constable. By contrast, the independent source doctrine -- allowing admission of evidence that has been discovered by means wholly independent of any constitutional violation -- rests on the rationale that society's interest in deterring unlawful police conduct and the public interest in having juries receive all probative evidence of a crime are properly balanced by putting the police in the same, not a worse, position that they would have been in if no police error or misconduct had occurred. However, evidence concerning the body's location and condition was admitted, the court having concluded that the State had proved that, if the search had continued, the body would have been discovered within a short time in essentially the same condition as it was actually found. We granted certiorari to consider whether, at respondent Williams' second murder trial in state court, evidence pertaining to the discovery and condition of the victim's body was properly admitted on the ground that it would ultimately or inevitably have been discovered even if no violation of any constitutional or statutory provision had taken place. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The jury found Williams guilty of first-degree murder; the judgment of conviction was affirmed by the Iowa Supreme Court. Id. Elkins v. United States, 364 U.S. 206 (1960), was a US Supreme Court decision that held the "silver platter doctrine", which allowed federal prosecutors to use evidence illegally gathered by state police, to be a violation of the Fourth Amendment to the United States Constitution. In subsequent habeas corpus proceedings, the Federal District Court, denying relief, also concluded that the body inevitably would have been found. The majority opinion was written by Chief Justice Warren E. Burger, who was joined by Justices Byron White, Harry Blackmun, Lewis F. Powell, Jr., William Rehnquist, and Sandra Day O'Connor. Case Citation:Nix v. Williams - 467 U. S. 431 Facts: In 1968, 10 year old Pamela Powers was abducted and murdered outside of the YMCA in Des Moines, Iowa.A young boy claimed to have seen Williams, outside the YMCA carrying a bundle wrapped in a blanket with two white legs hanging out. As Justice Douglas asked: "[W]hat use is a defendant's right to effective counsel at every stage of a criminal case if, while he is held awaiting trial, he can be questioned in the absence of counsel until he confesses? at 51-52. have been discovered can be resolved in its favor here only because, as the Court explains ante at 467 U. S. 448-450, petitioner adduced evidence demonstrating that, at the time of the constitutional violation, an investigation was already under way which, in the natural and probable course of events, would have soon discovered the body. ", At Williams' second trial in 1977 in the Iowa court, the prosecution did not offer Williams' statements into evidence, nor did it seek to show that Williams had directed the police to the child's body. at 430 U. S. 416-417, n. 1 (BURGER, C.J., dissenting). It is thus an unjustified reflection on Detective Leaming to say that he "decide[d] to dispense with the requirements of law," post this page, or that he decided "to take procedural shortcuts instead of complying with the law," post at 467 U. S. 457. murder. Nor would suppression ensure fairness on the theory that it tends to safeguard the adversary system of justice. If they came upon any abandoned farm buildings, they were instructed to go onto the property and search those abandoned farm buildings or any other places where a. small child could be secreted." The officers directing the search had called off the search at 3 p. m., when they left the Grinnell Police Department to join Leaming at the rest area. 285 N.W.2d 248 (1979). Brewer v. Williams, 430 U. S. 387 (1977). Following the disappearance of a 10-year-old girl in Des Moines, Iowa, respondent was arrested and arraigned in Davenport, Iowa. The District Court denied Williams' petition. at 41; the body was found near a culvert, one of the kinds of places the teams had been specifically directed to search. On appeal, the Supreme Court of Iowa again affirmed. It was the author of today's opinion of the Court who characterized this rule of law as a "remarkable" and "unlikely theory." . There is a distinction between the “independent source” doctrine and the “inevitable discovery” doctrine. . The Court of Appeals for the Eighth Circuit reversed, 700 F.2d 1164 (1983); an equally divided court denied rehearing en banc. Searchers were instructed to check all roads, abandoned farm buildings, ditches, culverts, and any other place in which the body of a small child could be hidden. at 39. Iowa law provides for de novo appellate review of factual as well as legal determinations in cases raising constitutional challenges. The trial court also ruled that, if the police had not located the body, "the search would clearly have been taken up again where it left off, given the extreme circumstances of this case, and the body would [have] been found in short order.". The Fourth Amendment to the United States Constitution is part of the Bill of Rights. Williams was then tried a second time, without the evidence that Williams led police to the victim’s body. The independent source doctrine teaches us that the interest of society in deterring unlawful police conduct and the public interest in having juries receive all probative evidence of a crime are properly balanced by putting the police in the same, not a worse, position that they would have been in if no police error or misconduct had occurred. New York v. Quarles, 467 U.S. 649 (1984), was a decision by the United States Supreme Court regarding the public safety exception to the normal Fifth Amendment requirements of the Miranda warning. 467 U. S. 448-450. The majority is correct to insist that any rule of exclusion not provide the authorities with an incentive to commit violations of the Constitution. The evidence clearly shows that the searchers were approaching the actual location of the body, that the search would have been resumed had respondent not led the police to the body, and that the body inevitably would have been found. Williams argues that the preponderance of the evidence standard used by the Iowa courts is inconsistent with United States v. Wade, 388 U. S. 218 (1967).
The motion to suppress was denied. at 61. The need to adduce proof sufficient to discharge its burden, and the difficulty in predicting whether such proof will be available or sufficient, means that the inevitable discovery rule does not permit state officials to avoid the uncertainty they would have faced but for the constitutional violation. See 430 U.S. at 430 U. S. 390-393. . . See also Stone v. Powell, 428 U. S. 465, 428 U. S. 502 (1976) (BURGER, C.J., concurring); Bivens v. Six Unknown Federal Narcotics Agents, 403 U. S. 388, 403 U. S. 413, and n. 3 (1971) (BURGER, C.J., dissenting); Killough v. United States, 114 U.S.App.D.C.
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