Exception: Impeachment

  1. Illegally obtained evidence may be used to impeach accused’s in-court testimony on direct examination or to impeach answers to questions on cross-examinationUnited States v. Havens , 44 U.S. 962 (1980). Defendant’s testimony on direct that he did not know his luggage had a T-shirt that was being used for smuggling cocaine allowed admissibility of illegally obtained T-shirt on cross-examination to impeach defendant’s credibility.
    See also Walder v. United States , 347 U.S. 62 (1954).
  2. Mil. R. Evid. 311(b)(1). Evidence that was obtained as a result of an unlawful search or seizure may be used to impeach by contradiction the in-court testimony of the accused.
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