An exclusionary rule for police lies

American Criminal Law Review

Volumn 47, Issue 1, 2010, Pages 1-55

  Wilson, Melanie D ^a  

^a UNIVERSITY OF MISSOURI   (United States)

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EID: 79951861334     PISSN: 01640364     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (114)

1. Jack Leonard, Surprise Video Puts an End to Drug Trial, L.A. TIMES, July 1,2008, http://articles.latimes.com/2008/jul/01/local/me-video1.
2. After a study of Chicago's criminal justice system, Myron W. Orfield, Jr. said: "The idea of police officers lying under oath is difficult for many people to accept, yet it unquestionably occurs in Chicago." Myron W. Orfield, Jr., Deterrence, Perjury, and the Heater Factor: An Exclusionary Rule in the Chicago Criminal Courts, 63 U. COLO. L. REV. 75,96 (1992). Although Orfield's statement was limited to the Chicago system, this Article will show widespread evidence of police lies, including perjury.
3. For instance, in Giglio v. United States, 405 U.S. 150, 153 (1972), the Court reiterated: "[Djeliberate deception of a court and jurors by the presentation of known false evidence is incompatible with 'rudimentary demands of justice.'" See also Kansas v. Ventris, 129 S. Ct. 1841, 1846 (2009) (noting the "'need to prevent perjury'" as a means '"to assure the integrity of the trial process'") (quoting Stone v. Powell, 428 U.S. 465,488 (1976)); James v. Illinois, 493 U.S. 307, 311 (1990) ('"There is no gainsaying that arriving at the truth is a fundamental goal of our legal system.'") (quoting United States v. Havens, 446 U.S. 620,626 (1980)); Oregon v. Hass, 420 U.S. 714,722 (1975) ("We are, after all, always engaged in a search for truth in a criminal case so long as the search is surrounded with the safeguards provided by our Constitution.").
4. The wide-ranging evidence of police lies, even police perjury, is discussed in detail in Section I.A, infra. Of that varied evidence, there are two older, empirical studies that provide particularly persuasive evidence of police dishonesty during suppression matters. See Comment, Effect of Mapp v. Ohio on Police Search-and-Seizure Practices in Narcotics Cases, 4 COLUM. J. L. & Soc. PROBS. 87,92,95 (1968) (comparing narcotics cases in New York City, before and after the Mapp v. Ohio decision, which imposed the exclusionary rule on state prosecutions, and reporting a "sharp decline" in allegations that "contraband was found on the defendant's body or hidden in the premises" and an accompanying "suspicious rise in cases in which uniform and plainclothes officers alleged that the defendant dropped the contraband to the ground" or had it '"in hand'" or '"openly exposed in the premises'");
5. Myron W. Orfield, Jr., The Exclusionary Rule and Deterrence: An Empirical Study of Chicago Narcotics Officers, 54 U. Cm. L. REV. 1016,1050-51 (1987) (reporting the results of interviews of twenty-six narcotics officers in the Chicago Police Department in which "[vjirtually all of the officers admitted] that the police commit perjury, if infrequently, at suppression hearings"). More recent examples of police lies are usually captured by video recordings, as in the example given in the introduction to this Article.
6. See generally Deborah Young, Unnecessary Evil: Police Lying in Interrogations, 28 CONN. L. REV. 425 (1996) (discussing, in depth, the police's use of lies to effectively elicit confessions from the accused).
7. For example, in February 2009, after a traffic accident in which an officer was to blame, several members of the Hollywood (Florida) Police Department were caught on a dashboard camera rehearsing a story to blame the incident on a twenty-three-year-old woman. On the audio, an officer can be heard saying, "We're going to bend this a little." He goes on to say, "I don't lie and make things up, ever, because it's wrong, but if I need to bend it a little to protect a cop, I'll do it." Several other officers can be heard agreeing to "bend" the narrative of what happened. One can be heard agreeing to take photos of the scene so that it appears that the young woman caused the incident. Todd Wright, Charges Dropped Against Woman Framed by Cops, NBC MIAMI (July 29, 2009), available at http://www.nbcmiami.com/news/ local-beat/Cops-Set-Up-Woman-After-Crash.html;
8. see also Cynthia Williams, Officer Cleared of Planting Evidence, NASHVILLE NEWS (Feb. 21, 2008), available at http://www.wsmv.com/news/15370841/ detail.html (showing video of Cookeville, Tennessee police appearing to plant drugs on a defendant after searching him several times without finding drugs, but officer was later exonerated by a Tennessee Bureau of Investigation inquiry).
9. This conclusion has been reached by legal scholars. See, e.g., ALAN M. DERSHOWTTZ, REASONABLE DOUBTS 60, 68 (Simon & Schuster 1996);
10. Christopher Slobogin, Testilying: Police Perjury and What to Do About It, [hereinafter "Testilying"], 67 U. COLO. L. REV. 1037, 1044 (1996). In addition, the conclusion is consistent with the findings from several empirical studies.
11. See, e.g., J. SKOLNICK, JUSTICE WITHOUT TRIAL 215 (John. Wiley & Sons 1967) (exploring findings of an extensive observation study of police in a 400,000-person city, Skolnick concluded that police attempt to construct a story of compliance with the Constitution to ensure apprehension of criminals);
12. Sarah Barlow, Patterns of Arrests for Misdemeanor Narcotics Possession: Manhattan Police Practices 1960-62, 4 CRIM. L. BULL. 549 (1968) (studying thousands of arrests in New York suggesting that police altered their testimony following the decision in Mapp v. Ohio to avoid suppression of evidence found on guilty defendants);
13. Comment, Effect of Mapp v. Ohio on Police Search-and-Seizure Practices in Narcotics Cases, supra note 11 (studying criminal cases in New York City before and after Mapp suggesting that police began lying to avoid suppression of contraband);
14. Myron W. Orfield, Jr., The Exclusionary Rule and Deterrence, supra note 11 at 1051 (finding that the police in Chicago "shade the facts" to establish probable cause when they think the defendant is guilty).
15. John Eligon and Colin Moynihan, Officer Is Indicted in Toppling of Cyclist, N.Y. TIMES, Dec. 15, 2008, available http://cityroom.blogs.nytimes. conV2008/12/15/officer-to-be-indicted-in-toppling-of-cyclist/.
16. Associated Press, New York City Cop Indicted in YouTube Bike Knockdown, Dec. 16, 2008, available at http://www.wcbs880.com/Cop-Indicted-in-YouTube-Bike- Knockdown/3504837. In addition to the two felony charges, Pogan was charged with three misdemeanors, including third-degree assault and making a punishable false written statement. Id.
17. See Associated Press, Woman Manhandled by Police Officer Gets $350,000 Settlement, USA TODAY, NOV. 16,2005, available at http://www.usatoday.corn/travel/news/2005-11-16-airport-scuffle-x.htm.
18. See Jim Dwyer, Videos Challenge Accounts of Convention Unrest, N.Y. TIMES, Apr. 12,2005, available at http://www.nytimes.com/2005/04/12/nyregion/ 12video.html?ex=1270958400&en=46D604d0befb92f&ei=5090&partner= rssuserland.
19. Robbie Brown, Tape of Beating Leads to Firing of 5 Officers, N.Y. TIMES, May 21,2009, at A14.
20. See, e.g., Thomas MacMillan, Priest's Video Contradicts Police Report, NEW HAVEN INDEPENDENT, March 12,2009, available at http://newhavenindependent. org/archives/2009/03/priests-video-c.php (showing video of police officer confronting priest about using camera to video the officer, but police report claims officer was afraid for his safety because priest had unknown, shiny object cupped in his hand);
21. Tonya Alanez, Sunrise Man Cleared After Elevator Video Shows He Did Not Batter Fort Lauderdale Officers, S. FLA. SUN SENTINEL, Mar. 5, 2009, available at http://www.sun-sentinel.com/new.roward/fort-lauderdale/sfl-bn-0304video,0, 6043429.story (noting that the video appeared to contradict officers' report that defendant assaulted officers);
22. Jeffrey Wolf, Videotape Shows Man Beaten by Denver Police, 9NEWS, April 4, 2008, available at http://www.9news.com/news/article.aspx?storyid= 97466&catid=188 (showing video revealing that although Denver police testified under oath that man assaulted them and resisted arrest and that they had no idea how man's teeth were broken, that man did not resist and that police slammed his teeth into pavement).
23. See Benjamin Weiser, Police in Gun Searches Face Disbelief in Court, N.Y. TIMES, May 12,2008, at A20.
24. Weiser, Police in Gun Searches Face Disbelief in Court, supra note 33.
25. United States v. Maldonado, 614 F. Supp. 2d 1179,1183 (D. Kan. 2009).
26. United States v. Dessesaure, 527 F. Supp. 2d 193,194 (D. Mass. 2007).
27. Dick Lehr, Op-Ed., A New "Bright Line Rule" Against Lying, BOSTON GLOBE, Jul. 31, 2009, at 15. The judge is also considering sanctions against the prosecutor who failed to immediately disclose that the officer's testimony contradicted what he had previously told prosecutors about the case.
28. Amir Efrati, Legal System Struggles With How to React When Police Officers Lie, WALL ST. J., Jan. 29,2009, at A12.
29. See, e.g. United States v. Garcia-Zambrano, 530 E3d 1249, 1252 (10th Cir. 2008) (finding that officer made false statement in affidavit and excising the false statement to determine if warrant still valid);
30. United States v. Tate, 524 F.3d 449,457 (4th Cir. 2008)
31. Associated Press, Jury Convicts Officer of Lying in Fatal Raid, N.Y. TIMES, May 21,2008, at A17.
32. Id.; see also Steve Visser, Witness Ties Infamous Raid to Lie, ATLANTA J. CONST., May 9,2008, at IE.
33. See, e.g. Associated Press, Laurie Asseo, Appeal from Boston Policeman Convicted of Perjury Rejected, BOSTON GLOBE, Mar. 20,2000, available at http://www.boston.com/news/daily/20/scotus-perjury.htm (reporting that officer Kenneth Conley was convicted of perjury by a Boston jury for lying about his knowledge of a suspect's beating by several officers);
34. William Glaberson, Guilty Verdict In Perjury Count in Louima Case, N.Y. TIMES, Jul. 17,2002, at A1 (reporting that on July 16,2002, former police officer Charles Schwartz was convicted of perjury by a jury for lying when he denied leading a suspect to a police bathroom, where the suspect was physically abused and sexually assaulted by another officer);
35. Posting of A.G. Sulzberger and Mathew R. Warren to N.Y. Times CityRoom, Four-Month Sentence for Detective Convicted of Perjury, http://cityroom.blogs. nytimes.com/2009/09/22/four-month-sentence-for-detective-convicted-of-perjury/ (Sept. 22, 2009, 2:10 PM) (reporting on the sentencing of a New York City Police detective convicted of lying on the witness stand during an attempted murder trial).
36. See, e.g., David Abel, Officer Admits Steroids Charge, BOSTON GLOBE, Nov. 20,2007, at B3 (reporting that Eduardo Rodriguez, a suspended Boston police officer, pled guilty in federal court to distributing steroids, committing perjury, and obstructing justice);
37. CNN, Ex-LA. Cop Sentenced to 5 Years, Aug. 13,2002, available at http://archives.cnn.com/2002/LAW/08/07/rampart.sentencing/index.html (reporting that former Los Angeles police officer Nino Durden pled guilty to perjury, filing false police reports, and conspiracy to obstruct justice).
38. See MARK FUHRMAN'S 10/02/96 PLEA AGREEMENT TO FELONY PERJURY AT OJ SIMPSON'S CRIMINAL TRIAL, http://www.lectlaw.com/files/case63.htm (last visited Jan. 17, 2009) (providing the details of the plea entered in October, 2 1996).
39. Id. See also Steve Barnes, Ex-Narcotics Agent Gets 10 Years' Probation, N.Y. TIMES, Jan. 19, 2005, available at http://www.nytiines.com/2005/01/15/na- onayistulia.html (reporting former Texas narcotics agent convicted of perjury for role in dozens of bogus drug arrests, mostly of black defendants).
40. See Joe Sexton, Jurors Question Honesty of Police, N.Y. TIMES, Sept. 25, 1995, available at www.nytimes.com/1995/09/25/nyregion/jurors-question-honesty- of-police.html.
41. See Charles Rappleye, Rampart Watch: New, Harder Look Produces More Charges Against Cops, LA WEEKLY, Apr. 12, 2001, available at http://www.laweekly.com/2001-04-12/news/rampart-watch (describing some of the police corruption that police covered up, including shootings).
42. See Associated Press, Ex-Officer in Louima Case Is Freed, N.Y. TIMES, May 5, 2007, available at http://www.nytimes.com/2007/05/05/nyregion/0510uima.ht- ml.
43. See Associated Press, Jon Bürge Indictment, THE HUNTINGTON POST, Oct. 21, 2008, available at http://www.huffingtonpost.com/2008/10/21/jon-buige- indictment-n-136559.html.
44. N.Y. COMM'N TO INVESTIGATE ALLEGATIONS OF POUCE MISCONDUCT AND THE ANTI-CORRUPTION PROCEDURES OF THE POUCE DEP'T, REPORT 2 (1994) ("the Mollen Report").
45. See THE KNAPP COMM'N REP. ON POUCE CORRUPTION (Dec. 1972). v
46. See, e.g., Laura Dannen, Katie Liesener, and Rachel Lux, System to Stem Police Perjury Not Implemented, THE BOSTON GLOBE, Oct. 24,2005 (reporting that despite a 1997 pronouncement of "a sweeping crackdown" on police perjury, eight years, later, little had changed);
47. Scott Turow, Lying to Get the Bad Guys, N.Y. TIMES, Feb. 20, 2000 (commenting on the Los Angeles County district attorney's office's acknowledgment of "the city's metastasizing police scandal" in which "a number of officers" planted evidence and "perjured themselves to help get convictions");
48. REP. OF THE INDEP. COMM'N ON L.A. POUCE DEP'T (1991) ("the Christopher Commission") (formed in 1991 after the Rodney King beating to investigate police brutality).
49. Myron W. Orfield, Jr., Deterrence, Pejury, and the Heater Factor, supra note 8, at 82 (1992) (Orfield interviewed police, judges, prosecutors and criminal defense lawyers). Admittedly, the sample size of Orfield's study was small, making its findings less significant.
50. Id. See also Steve Visser, Witness Ties Infamous Raid to Lie, http://www.policeone.com/patrol-issues/articles/1693754-Witoess-ties-raid-to- lie/ (last visited Feb. 5, 2010) (reporting systematic police lies in obtaining warrants in drug cases);
51. I. Bennett Capers, Crime, Legitimacy, and Testilying, 83 IND. L.J. 835, 836 (2008) [hereinafter "Crime & Legitimacy"] (detailing numerous incidents of police dishonesty and "testilying"); Slobogin, Testilying, supra note 20, at, 1037 (recounting perjured testimony by Detective Marc Fuhrman in the trial of O.J. Simpson and Judge Lance Ito's finding that Detective Philip Vannatter recklessly disregarded the truth in a warrant application for Simpson's home).
52. Orfield, Deterrence, Perjury, and the Heater Factor, supra note 8, at 83.
53. Orfield, Deterrence, Perjury, and the Heater Factor, supra note 8, at 112 n. 172.
54. See Innocence Project, http://www.innocenceproject.org/understand/ Government-Misconduct.php. According to the Innocence Project, 34% of police misconduct involved the suppression of exculpatory evidence; 33% was attributable to unduly-suggestive pretrial practices; 11% was caused by evidence fabrication; 9% was due to coercing witnesses; 8% was related to coerced confessions; and 5% was caused by other police misconduct. Id.
55. Innocence Project Profile of Johnnie Lindsey, http://www. innocenceproject.org/Content/1976.php.
56. See also Tiara M. Ellis, Wrongly Convicted Rape Defendant Freed After 26 Years, The Dallas Morning News (Sept. 19,2008) (detailing Lindsey's release and some information about his wrongful conviction).
57. Brandon L. Garrett, Judging Innocence, 108 COLUM. L. REV. 55,58-59 (2008).
58. Christopher Slobogin has argued that "the most common venue for testilying is the suppression hearing and the most frequent type of suppression hearing perjury is post hoc fabrication of probable cause." Slobogin, Testilying, supra note 20, at 1043. Slobogin also asserts that "[t]he most obvious explanation for all of this [police] lying is a desire to see the guilty brought to 'justice.'" Id. at 1044. And he acknowledges that a "related reason" for police lies is "the institutional pressure to produce 'results'." Id. See also Gabriel J. Chin and Scott C. Wells, The "Blue Wall of Silence" as Evidence of Bias and Motive to Lie: A New Approach to Police Perjury, 59 U. PITT L. REV. 233,246 (1998) (asserting that police probably commit perjury most often "with respect to defendants whom the police believe to be guilty and who may in fact be guilty").
59. Burke gives a particularly compelling example from the case of Earl Washington, Jr. Washington was convicted for the rape and murder of a woman, but DNA later linked another man to the crime. Alafair S. Burke, Improving Prosecutorial Decision Making: Some Lessons of Cognitive Science, 47 WM. & MARY L. REV. 1587, 1588 (2006). Even after Washington was pardoned, "prosecutors insisted that he remained a viable suspect." Id.
60. Christopher Slobogin, Testilying, supra note 20 at 1039.
61. See also Morgan Cloud, The Dirty Little Secret, 43 EMORY L.J. 1311, 1311 (1994) (arguing that police lies are "uniquely corrupt" because they are "offered by government officials who are sworn to enforce and uphold the law.");
62. David N. Dorfman, Proving the Lie: Litigating Police Credibility, 26 AM. J. CRIM. L455,462 (1999).
63. Slobogin, Testilying, supra note 20, at 1039.
64. Sexton, Jurors Question Honesty of Police, supra note 59.
65. Slobogin, Testilying, supra note 20, at 1039.
66. See also Capers, Crime & Legitimacy, supra note 68, at 843 (reporting that former Attorney General Janet Reno has expressed that too many Americans, especially in minority communities, believe that police are too aggressive, use excessive force, are biased, and behave disrespectfully and unfairly).
67. Slobogin, Testilying, supra note 20, at 1039.
68. See Capers, Crime & Legitimacy, supra note 68, at 836.
69. Id. Cf. Morgan Cloud, The Dirty Little Secret, 43 EMORY L. J. 1311,1313 (1994) (contending that police are rarely punished for perjury, let alone prosecuted for it);
70. Andrew Blankstein, Police Are Rarely Prosecuted Unless Case Is Bulletproof, L.A. TIMES, Dec. 9, 2005 (citing string of controversial law enforcement cases in which prosecutor declined to prosecute police for alleged misconduct, including a number of excessive force incidents).
71. See Julie R. O'Sullivan, In Defense of the U.S. Sentencing Guidelines' Modified Real-Offense System, 91 Nw. U. L. REV. 1342, 1415 (1997) (explaining how federal prosecutors use "acceptance of responsibility" and a recommendation for a low-end of the Guidelines sentence to manage plea bargains to save resources).
72. See, e.g., Brandon J. Lester, System Failure: The Case for Supplanting With Mediation in Plea Bargaining, 20 OHIO ST. J. ON DISP. RESOL. 563,563 (2005) (recounting case in which mother who maintained her innocence to criminal charges agreed to plead guilty out of fear that she would lose custody of her children to her estranged husband if she did not get out of jail to fight for custody);
73. Morris B. Hoffman, The Myth of Factual Innocence, 82 CHI.-KENT L. REV. 663, 672-73 n.44 (2007) (asserting that charging an innocent defendant makes the system look "incapable of distinguishing the guilty from the innocent").
74. See Mark Oodsey, Editorial: DNA Testing Beyond a Shadow of a Doubt, CRIM PROF BLOG, Nov. 17,2008, http://lawprofessors.typepad.com/crimprof-blog/2008/ll/ editorial-dna.
75. See also Garrett, Judging Innocence, supra note 85.
76. Rhonda Cook et al., Supreme Court Issues Stay of Execution for Davis, ATL. JOURNAL-CONST., Sept. 23, 2008, available at http://www.ajc.com/metro/ content/metro/stories/2008/09/23/davis-stay-execution.html.
77. Order of Stay, Davis v. Georgia, 554 U.S⋯.(Sept. 24, 2008), available at http://www.scotusblog.com/wp-content/uploads/2008/09/davis-stay- order-9-23-08.pdf (last visited Feb. 6,2010).
78. Timothy Masters, who was recently released from prison after serving nine years for a murder that he did not commit, makes similar assertions. Masters blames "overzealous investigators" for concealing evidence that "might have cleared him." See Kirk Johnson, Colorado: Wrongly Convicted Man Sues, N.Y. TIMES, Oct. 22,2008, at A1S. According to the star prosecution witness, the witness "would never have testified as he did if he had been shown the entire police file." Id.
79. Herring v. United States, 129 S. Ct. 695,700 (2009) (explaining that the exclusionary rule does not apply automatically upon a Fourth Amendment violation);
80. see also Montejo v. Louisiana, 129 S. Ct. 2079,2090 (2009) (noting that "[t]he principal cost of applying any exclusionary rule 'is, of course, letting guilty and possibly dangerous criminals go free⋯ '").
81. Christopher Slobogin, Deceit, Pretext, and Trickery: Investigative Lies By the Police, [hereinafter Deceit, Pretext, and Trickery], 76 OR. L. REV. 775, 778 (1997). An example of the effectiveness of such deception was reported in The New York Times on October 22,2008: "Dozens of members of the Mongol motorcycle gang were arrested by federal agents in six states after a three-year undercover investigation in which four agents infiltrated the group. More than 60 members of the gang, based in Southern California, were arrested under a federal racketeering indictment that included charges of murder, attempted murder, assault, and gun and drug violations ⋯."
82. Associated Press, Motorcycle Gang Members Arrested, N.Y. TIMES, Oct. 22,2008, at A17.
83. See Slobogin, Deceit, Pretext, and Trickery, supra note 173, at 779. (citing Lewis v. United States, 385 U.S. 206 (1966);
84. Hoffa v. United States, 385 U.S. 293 (1966));
85. see also William J. Stuntz, Lawyers, Deception, and Evidence Gathering, 79 VA. L. REV. 1903,1919-20 (1993) (noting that criminal law "is generally hospitable to deceptive tactics ⋯ in criminal investigation" "even when the defendant is represented by counsel" and even when the police tell "outright lies" in the course of questioning a suspect).
86. See, e.g., Massiah v. United States, 377 U.S. 201,205-06 (1964) (finding defendant's Sixth Amendment rights violated when post-indictment statements elicited from him in the absence of his lawyer were admitted as evidence against him at trial).
87. See, e.g., Frazier v. Cupp, 394 U.S. 731,739 (1969) (indicating that misrepresentations by police during an interrogation, "while relevant," did not make confession involuntary);
88. see also Welsh S. White, Police Trickery in Inducing Confessions, 127 U. PA. L. REV. 581, 583 (1979) ("Use of trickery or deceit in the questioning of criminal suspects is a staple of current police interrogation practices ⋯. [And] the Court has neither held nor even indicated that any particular type of police trickery would, in and of itself, render a resulting confession inadmissible.").
89. Op-Ed., Judge Baer's Exit, N.Y. TIMES, May 18, 1996;
90. Julian E. Barnes, Prison Term for Woman in Disputed Drug Case, N.Y. TIMES, Oct. 2,1998 at B (indicating that the Clinton Administration suggested that Baer might be asked to resign if he did not change his ruling on suppression). Eventually, Judge Baer capitulated. See Bayless, 921 F. Supp. at 212 (vacating prior decision).
91. This observation is my own and that of other friends and colleagues who have been prosecutors in the federal system. Others have come to similar conclusions. See Morgan Cloud, The Dirty Little Secret, 43 Emory L. J. 1311, 1322-23 (1994) (noting several reasons that judges may accept police perjury, including that judges "do not like to call other government officials liars").
92. Although not described in these terms, William Stuntz has also asserted that deceptive tactics used by the government in criminal investigations, including during undercover ruses and while interrogating suspects, "not only harm guilty defendants; they probably help innocent ones." William J. Stuntz, Lawyers, Deception, and Evidence Gathering, 79 VA. L. REV. 1903,1921 (1993).
93. Between 2001 and 2005, the U.S. Department of Justice identified 555 people suspected of committing ? human trafficking violations. See MARK MOTTVANS & TRACEY KYCKELHAHN, BUREAU OF JUSTICE STATISTICS, U.S. DEP'T OF JUSTICE, FEDERAL PROSECUTION OF HUMAN TRAFFICKING, 2001-2005 1 (2006) http://bjs.ojp.usdoj.gov/content/pub/pdf/fpht05.pdf. Many human trafficking violations involve the sex trafficking of women and children. Congress viewed this crime to be so serious and common that in 2000, it passed the Victims of Trafficking and Violence Protection Act, which enhanced pre-existing penalties for those convicted and offers more rights to victims of these crimes. See Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386,114 Stat. 1464 (2000).
94. JOSHUA DRESSLER & ALAN C. MICHAELS, UNDERSTANDING CRIMINAL PROCEDURE 571 (4th ed. 2006).
95. But see Deborah Young, Unnecessary Evil: Police Lying in Interrogations, 28 CONN. L. REV. 425, 476 (1996) (arguing that police lies during interrogations "can impede evidence gathering by generating distrust and suspicion which limit citizen cooperation and by obtaining or creating false evidence").
96. See, e.g., Richard A. Leo, et al., Bringing Reliability Back In: False Confessions and Legal Safeguards in the Twenty-first Century, 2006 Wis. L. REV. 479,486,522-25 (2006);
97. Thomas P. Sullivan, Electronic Recording of Custodial Interrogations: Everybody Wins, 95 J. CRIM. L. & CRIMINOLOGY 1127, 1127-28 (2005);
98. Gail Johnson, False Confessions and Fundamental Fairness: The Need for Electronic Recordings of Custodial Interrogations, 6 B.U. PUB. INT. L.J. 719,741 (1997).
99. Daniel Richman, Expanding the Evidentiary Frame for Cooperating Witnesses, 23 CARDOZO L. REV. 893,894 (2002) (stating that the standard "cooperator trial" includes the prosecutor "pointing to all the corroboration of the cooperator's testimony").
100. Donald A. Dripps, Police, Plus Perjury, Equals Polygraphy, 86 J. CRIM. L. & CRIMINOLOGY 693, 693 (1996).
101. Slobogin, Testilying, supra note 20, at 1054-59.
102. Christopher Slobogin appears to agree. See Christopher Slobogin, Why Liberals Should Chuck the Exclusionary Rule, 1999 U. III. L. REV. 363.
103. This is akin to the Supreme Court's conclusion in Hudson v. Michigan, 547 U.S. 586 (2006).
104. Dallin Oaks believed that illegal searches and seizures were "concentrated in a few types of crimes, notably weapons and narcotics offenses." Dallin H. Oaks, Studying the Exclusionary Rule in Search and Seizure, 37 U. Cm. L. REV. 665,667,681 (1969-1970) (citing court statistics showing that in Chicago and the District of Columbia in 1969-70, "search and seizure issues account for an overwhelming proportion" of motions to suppress and that most were gun and drug cases). See also Orfield, Deterrence, Perjury, and the Heater Factor, supra note 8, at 118 (1992) (reporting results of an empirical survey of members of Chicago's criminal justice system in which prosecutors, judges and defense lawyers indicated "that police testimony that would not pass muster in small cases suddenly becomes believable in a big case").
105. Colleen Long, Big-City Police Frisk 1 Million a Year; Results Are Disputed, VIRGINIAN-PILOT (Norfolk, Va.), Oct. 8,2009, at A9.
106. Although the Court does not expressly say that it conducts this same weighing analysis when deciding whether to exclude statements obtained by police in violation of Miranda, in fact, the Court uses a similar assessment in that context too. See, e.g., James v. Illinois, 493 U.S. 307, 322 (1990)
107. Hudson v. Michigan, 547 U.S. 586,591 (2006).
108. Slobogin makes an exception "when police flagrantly abridge Fourth Amendment rights or illegally seize private papers." Slobogin, Why Liberals Should Chuck the Exclusionary Rule, supra note 245, at 366.
109. But see Yale Kamisar, In Defense of the Search and Seizure Exclusionary Rule, 26 HARV. J.L. & PUB. POL'Y 119 (2003) (defending the benefits of the rule while acknowledging its weaknesses).
110. Slobogin, Why Liberals Should Chuck the Exclusionary Rule, supra note 239, at 366.
111. Slobogin, Why Liberals Should Chuck the Exclusionary Rule, supra note 239, at 365.
112. Slobogin, Why Liberals Should Chuck the Exclusionary Rule, supra note 239, at 376.
113. Slobogin, Why Liberals Should Chuck the Exclusionary Rule, supra note 239, at 382.
114. Kenneth B. Noble, Ruling Aids Prosecution of Simpson, N.Y. TIMES, Sept. 20,1994, at A16.