Name
12B Admit or Exclude? Evidence Challenges in Administrative Hearings
Date & Time
Wednesday, September 13, 2023, 11:00 AM - 12:00 PM
W. Michael (Mick) Gillette
Description

A motion or objection is raised in your hearing to exclude relevant evidence because the evidence was obtained illegally. Illegally seized evidence cannot be admitted in criminal trials, but what about administrative hearings? A succession of appellate opinions have held that illegally seized evidence may be admitted in administrative hearings, but under what circumstances? Whether and how 4th (and 14th) Amendment exclusions apply depends upon the private interest affected, how the evidence was obtained, and who obtained it. This must be considered on a case-by-case basis. This class will also cover motions to exclude evidence or postpone hearings on 5th or 6th Amendment grounds.

Location Name
NJC, Room 103
Session Type
Class