Legal Definitions - Calandra rule

The Calandra rule is a legal principle that allows a grand jury to compel a witness to answer questions, even if the information or evidence that led to those questions was initially obtained by law enforcement through illegal means. This means that the exclusionary rule, which typically prevents illegally obtained evidence from being used in a criminal trial, does not apply to grand jury proceedings. Therefore, a grand jury can use such evidence to guide its investigation and question witnesses.

• Example 1: Imagine police officers conduct a search of a suspect's apartment without a valid warrant, which is an illegal search. During this search, they discover a ledger detailing transactions for an illegal gambling operation. The suspect is later subpoenaed to appear before a grand jury investigating organized crime. Under the Calandra rule, the grand jury can ask the suspect specific questions about the entries in that ledger, even though the ledger itself was found during an unconstitutional search. The witness cannot refuse to answer simply because the evidence was illegally obtained.

• Example 2: A detective, without proper authorization, places a listening device in a public park and overhears a conversation between two individuals discussing a plan to commit bank fraud. This unauthorized wiretap constitutes an illegal gathering of evidence. One of the individuals from the conversation is later called to testify before a grand jury investigating the fraud. The grand jury, relying on the information from the illegal wiretap, can question this individual extensively about the details of the bank fraud plan. The witness must answer these questions, despite the illegal origin of the information.

• Example 3: Law enforcement agents seize a company's financial records from its office without a proper warrant or any other legal justification. This seizure is deemed illegal. Upon reviewing these records, prosecutors discover evidence suggesting a widespread scheme of corporate embezzlement. A key employee of the company is then called to testify before a grand jury. The grand jury can use the illegally seized financial records to formulate questions and compel the employee to provide testimony regarding the alleged embezzlement, as the Calandra rule permits the use of such evidence in grand jury proceedings.