Opinion · Supreme Court of the United States

Walder v. United States

74 S. Ct. 354

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1954-02-01
Topic
general

concluding that the exclusionary rule does not bar the use of illegally obtained evidence for impeachment purposes | concluding that the exclusionary rule does not bar the use of illegally obtained evidence for impeachment purposes | holding that questions regarding unlawfully seized evidence properly admitted on cross to expose defendant's perjurious trial testimony | holding that questions regarding unlawfully seized evidence properly admitted on cross to expose defendant's per-jurious trial testimony | holding that evidence seized in violation of a defendant's Fourth Amendment rights was admissible for purposes of impeachment | holding that evidence seized in violation of a defendant’s Fourth Amendment rights was admissible for purposes-of impeachment | holding that illegally-obtained evidence could be used to impeach a criminal defendant at trial | holding that the admission of unlawfully seized evidence of a crime was admissible if the jury was instructed that the evidence could be considered only in assessing a defendant’s credibility and not for determining guilt | holding that illegally-obtained evidence could be used to impeach a criminal defendant at trial | recognizing the impeachment exception to the exclusionary rule by holding that evidence unconstitutionally seized under the Fourth Amendment is admissible to impeach a defendant’s untruthful testimony | holding evidence obtained in violation of defendant's right to be free from unreasonable search and seizure may be used to impeach | holding evidence obtained in violation of defendant's right to be free from unreasonable search and seizure may be used to impeach | noting that where the defendant testified on direct examination that he had never possessed any narcotics, the government was allowed to impeach this broad assertion by introducing rebuttal witnesses | providing that even where law enforcement unlawfully seizes evidence, such evidence may come in when the defendant seeks to exploit the government’s inability to admit the evidence by contradicting it on direct examination | prohibiting impeachment evidence where the government had "smuggle[d] in” the impeaching opportunity in the course of cross-examination | holding an impeachment exception to the Fourth Amendment exclusionary rule exists | holding illegally obtained evidence admissible for purposes of impeachment | holding illegally obtained evidence admissible for purposes of impeachment | allowing Government to make affirmative use of evidence unlawfully obtained to impeach the defendant during cross-examination | permitting government to use unlawfully obtained extrinsic evidence to impeach false statement offered by defendant on cross-examination that he had never dealt in or possessed narcotics | holding illegally obtained evidence admissible for impeachment purposes | allowing physical evidence that is inadmissible in the prosecution's case in chief because it was obtained in violation of the Fourth Amendment to be used to impeach the defendant's testimony | allowing physical evidence that is inadmissible in the prosecution’s case in chief because it was obtained in violation of the Fourth Amendment to be used to impeach the defendant’s testimony | holding illegally obtained evidence admissible for purposes of impeachment | rejecting notion that a criminal defendant “can turn the illegal method by which evidence in the Government’s possession was obtained to his own advantage, and provide himself with a shield against contradiction of his untruths” | defendant who lied on witness stand not- permitted to use exclusionary rule as shield against impeachment | defendant who lied on witness stand not permitted to use exclusionary rule as shield against impeachment | evidence of illegal search and seizure could be used to impeach defendant’s denial, on direct examination, that he had never possessed narcotics | evidence of illegal search and seizure could be used to impeach defendant's denial, on direc

Citator

Cited by
542 opinions
WALDERv. UNITED STATES,347 U.S. 62(1954)
74 S.Ct. 354
WALDERv. UNITED STATES.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT.
No. 121.
Argued November 30, 1953.
Decided February 1, 1954.
Because heroin had been obtained from petitioner through unlawful search and seizure, its use in evidence was suppressed on petitioner's motion; and an indictment against him for its possession was dismissed on the Government's motion. In his subsequent trial for other illicit transactions in narcotics, petitioner testified on direct examination that he had never purchased, sold or possessed any narcotics. In order to impeach this testimony, the Government introduced the testimony of an officer who had participated in the unlawful search and seizure of the heroin involved in the earlier proceeding and the chemist who had analyzed it.Held:Petitioner's assertion on direct examination that he had never possessed any narcotics opened the door, solely for the purpose of attacking petitioner's credibility, to evidence of the heroin unlawfully seized in connection with the earlier proceeding.Weeksv.United States,232 U.S. 383, andAgnellov.United States,269 U.S. 20, distinguished. Pp. 62-66.201 F.2d 715, affirmed.
Paul A. Porter, acting under appointment by the Court, argued the cause and filed a brief for petitioner.Robert S. Erdahlargued the cause for the United States. With him on the brief wereActing SolicitorGeneral Stern, Assistant Attorney General OlneyandEdward S. Szukelewicz.
MR. JUSTICE FRANKFURTER delivered the opinion of the Court.
In May 1950, petitioner was indicted in the United States District Court for the Western District of Missouri for purchasing and possessing one grain of heroin. Claiming that the heroin capsule had been obtained through an unlawful search and seizure, petitioner movedPage 63to suppress it. The motion was granted, and shortly thereafter, on the Government's motion, the case against petitioner was dismissed.

In January of 1952, petitioner was again indicted, this time for four other illicit transactions in narcotics. The Government's case consisted principally of the testimony of two drug addicts who claimed to have procured the illicit stuff from petitioner under the direction of federal agents. The only witness for the defense was the defendant himself, petitioner here. He denied any narcotics dealings with the two Government informers and attributed the testimony against him to personal hostility.

Early on his direct examination petitioner testified as follows:
"Q. Now, first, Mr. Walder, before we go further in your testimony, I want to you [sic] tell the Court and jury whether, not referring to these informers in this case, but whether you have ever sold any narcotics to anyone.
"A. I have never sold any narcotics to anyone in my life.
"Q. Have you ever had any narcotics in your possession, other than what may have been given to you by a physician for an ailment?


"A. No.
"Q. Now, I will ask you one more thing. Have you ever handed or given any narcotics to anyone as a gift or in any other manner without the receipt of any money or any other compensation?


"A. I have not.
"Q. Have you ever even acted as, say, have you acted as a conduit for the purpose of handling what you knew to be a narcotic from one person to another?


"A. No, sir."Page 64

On cross-examination, in response to a question by Government counsel making reference to this direct testimony, petitioner reiterated his assertion that he had never purchased, sold or possessed any narcotics. Over the defendant's objection, the Government then questioned him about the heroin capsule unlawfully seized from his home in his presence back in February 1950. The defendant stoutly denied that any narcotics were taken from him at that time.1The Government then put on the stand one of the officers who had participated in the unlawful search and seizure and also the chemist who had analyzed the heroin capsule there seized. The trial judge admitted this evidence, but carefully charged the jury that it was not to be used to determine whether the defendant had committed the crimes here charged, but solely for the purpose of impeaching the defendant's credibility. The defendant was convicted, and the Court of Appeals for the Eighth Circuit affirmed, one judge dissenting.201 F.2d 715. The question which divided that court, and the sole issue here, is whether the defendant's assertion on direct examination that he had never possessed any narcotics opened the door, solely for the purpose of attacking the defendant's credibility, to evidence of the heroin unlawfully seized in connection with the earlier proceeding. Because this question presents a novel aspect of the scope of the doctrine ofWeeksv.United States,232 U.S. 383, we granted certiorari.345 U.S. 992.

The Government cannot violate the Fourth Amendment2— in the only way in which the Government can do anything, namely through its agents — and use the fruitsPage 65of such unlawful conduct to secure a conviction.Weeksv.United States, supra. Nor can the Government make indirect use of such evidence for its case,SilverthorneLumber Co. v.United States,251 U.S. 385, or support a conviction on evidence obtained through leads from the unlawfully obtained evidence, cf.Nardonev.UnitedStates,308 U.S. 338. All these methods are outlawed, and convictions obtained by means of them are invalidated, because they encourage the kind of society that is obnoxious to free men.

It is one thing to say that the Government cannot make an affirmative use of evidence unlawfully obtained. It is quite another to say that the defendant can turn the illegal method by which evidence in the Government's possession was obtained to his own advantage, and provide himself with a shield against contradiction of his untruths. Such an extension of theWeeksdoctrine would be a perversion of the Fourth Amendment.

Take the present situation. Of his own accord, the defendant went beyond a mere denial of complicity in the crimes of which he was charged and made the sweeping claim that he had never dealt in or possessed any narcotics. Of course, the Constitution guarantees a defendant the fullest opportunity to meet the accusation against him. He must be free to deny all the elements of the case against him without thereby giving leave to the Government to introduce by way of rebuttal evidence illegally secured by it, and therefore not available for its case in chief. Beyond that, however, there is hardly justification for letting the defendant affirmatively resort to perjurious testimony in reliance on the Government's disability to challenge his credibility.3Page 66

The situation here involved is to be sharply contrasted with that presented byAgnellov.United States,269 U.S. 20. There the Government, after having failed in its efforts to introduce the tainted evidence in its case in chief, tried to smuggle it in on cross-examination by asking the accused the broad question "Did you ever see narcotics before?"4After eliciting the expected denial, it sought to introduce evidence of narcotics located in the defendant's home by means of an unlawful search and seizure, in order to discredit the defendant. In holding that the Government could no more work in this evidence on cross-examination than it could in its case in chief, the Court foreshadowed, perhaps unwittingly, the result we reach today:
"And the contention that the evidence of the search and seizure was admissible in rebuttal is without merit. In his direct examination, Agnello was not asked and did not testify concerning the can of cocaine. In cross-examination, in answer to a question permitted over his objection, he said he had never seen it. He did nothing to waive his constitutional protection or to justify cross-examination in respect of the evidence claimed to have been obtained by the search. . . ."269 U.S., at 35.


The judgment isAffirmed.

MR. JUSTICE BLACK and MR. JUSTICE DOUGLAS dissent.Page 67
  1. Page 64 This denial squarely contradicted the affidavit filed by the defendant in the earlier proceeding, in connection with his motion under Rule 41(e) to suppress the evidence unlawfully seized. ↩
  2. Page 64 "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . . ." ↩
  3. Page 65 Cf.Michelsonv.United States,335 U.S. 469,479: "The price a defendant must pay for attempting to prove his good name is to throw open the entire subject which the law has kept closed for his Page 66 benefit and to make himself vulnerable where the law otherwise shields him." The underlying rationale of theMichelsoncase also disposes of the evidentiary question raised by petitioner, to wit, "whether defendant's actual guilt under a former indictment which was dismissed may be proved by extrinsic evidence introduced to impeach him in a prosecution for a subsequent offense." ↩
  4. Page 66 Transcript of Record, p. 476,Agnellov.United States,269 U.S. 20. ↩