Rule 412 - Evidence Illegally Obtained Evidence illegally obtained shall not be used over proper objection by the defendant in a criminal prosecution for any purpose except:
(1) a statement illegally obtained in violation of the right to warnings under Miranda v. Arizona, 384 U.S. 436 (1966), may be used in(A) a prosecution for perjury if the statement is relevant to the issue of guilt or innocence and if the prosecution shows that the statement was otherwise voluntary and not coerced; or(B) any prosecution, to impeach the defendant, codefendant, or a former defendant in the case who made the statement if the prosecution shows that the statement was(i) otherwise voluntary and not coerced; and(ii) recorded, if required by law, or has been determined to be covered by one of the recognized exceptions to the recording requirement; and(2) other evidence illegally obtained may be admitted in(A) a prosecution for perjury if it is relevant to the issue of guilt or innocence and if the prosecution shows that the evidence was not obtained in substantial violation of rights of the defendant; or(B) any criminal action, to impeach the defendant, codefendant, or a former defendant in the case, if the prosecution shows that the evidence (i) was the product of a statement illegally obtained in violation of the right to warnings under Miranda v. Arizona, 384 U.S. 436 (1966); and(ii) was not obtained in substantial violation of the rights of the defendant, codefendant, or a former defendant in the case, as appropriate.Added by SCO 364 effective 8/1/1979; amended by SCO 1556 effective 7/22/2004Note: Chapter 16 § 1 SLA 2004 amended Evidence Rule 412 to allow evidence illegally obtained to be used to impeach a defendant, codefendant, or former defendant in a case, under specified circumstances. Section IV of this order is adopted for the sole reason that the legislature has mandated the amendments.