o
Exclusionary rule. Evidence that is obtained in a way that violates the Fourth Amendment will not be
admitted into court.
o
Doctrine of the "Fruit of the Poisonous Tree." Evidence that is obtained illegally will not be admissible
in court.
These are court-made rules of evidence. There are also other rules that apply. Those rules are found in Article 31
(d), UCMJ.
Rule 1:
"No person subject to this chapter may compel any person to incriminate himself or to answer any
question the answer to which may tend to incriminate him."
Rule 2:
"No person subject to this chapter may interrogate, or request any statement from an accused or a
person suspected of an offense without first informing him of the nature of the accusation and
advising him that he does not have to make any statement regarding the offense of which he is
accused or suspected and that any statement made by him may be used as evidence against him in a
trial by court-martial."
Rule 3:
"No person subject to this chapter may compel any person to make a statement or produce evidence
before any military tribunal if the statement or evidence is not material to the issue and may tend to
degrade him."
Rule 4:
"No statement obtained from any person in violation of this article, or through the use of coercion,
unlawful influence, or unlawful inducement may be received in evidence against him in a trial by
court-martial."
When the rules of Article 31 are violated, evidence will not be admitted in court.
Curative Warnings
Sometimes the effects of a violation of rights can be overcome. "Curative warnings" are used for this purpose.
Using the procedure of curative warnings means that you start all over again. You must--
o
Use a new investigator.
o
Read the subject the Article 31 rights.
o
Obtain the subject's statement.
o
Advise the subject that previous statements cannot be used against him or her.
o
Advise the subject that previous statements do not obligate him or her to answer further questions.
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