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What is the exclusionary rule?
Doctrine that prohibits introduction of evidence obtained in violation of a defendant’s 4th, 5th, and 6)th Amendment rights.
What is the scope of the exclusionary rule?
Illegally obtained evidence is inadmissible at trial, and all “fruit of the poisonous tree” must also be excluded.
What are the exceptions to the fruit of the poisonous tree doctrine?
1) Evidence obtained from a source independent of the original illegality; 2) An intervening act offered will by the defendant; and 3) inevitable discovery;
When does the exclusionary rule not apply?
Inapplicable to: 1) Grand Juries, 2) Civil Proceedings, 3) Internal Agency Rules, and 4) Parole Revocation Proceedings
What is the good faith law exception to the exclusionary rule?
Rule does not apply when the police acted in good faith based on 1) Case law, 2) a facially valid statute or ordinance, or 3) a computer report containing clerical errors not made by the police.
What is the exclusionary rule?
Doctrine that prohibits introduction of evidence obtained in violation of a defendant’s 4th, 5th, and 6)th Amendment rights.
What is the scope of the exclusionary rule?
Illegally obtained evidence is inadmissible at trial, and all “fruit of the poisonous tree” must also be excluded.
What are the exceptions to the fruit of the poisonous tree doctrine?
1) Evidence obtained from a source independent of the original illegality; 2) An intervening act offered will by the defendant; and 3) inevitable discovery;
When does the exclusionary rule not apply?
Inapplicable to: 1) Grand Juries, 2) Civil Proceedings, 3) Internal Agency Rules, and 4) Parole Revocation Proceedings
What is the good faith law exception to the exclusionary rule?
Does not apply when the police acted in good faith based on 1) Case law, 2) a facially valid statute or ordinance, or 3) a computer report containing clerical errors not made by the police.
What is the good faith warrant exception to the exclusionary rule?
Rule doesn\'t apply when the police act in good faith reliance on a defective search warrant unless: 1) the underlying affidavit was so lacking in probable cause that it could not reasonably be relied on, 2) the warrant was defective on its face, 3) the affiant lied to or misled the magistrate, or 4) the magistrate has “wholly abandoned his judicial role.”
May evidence obtained in volition of the exclusionary rule be used to impeach D?
Yes.
What is the harmless error test?
If illegal evidence is admitted, a conviction should be overturned unless the gov\'t can show beyond reasonable doubt that the error was harmless.
Who bears the burden on admissibility of evidence?
The prosecution must establish admissibility by the preponderance.
What is the 4th amd right?
People should be free from unreasonable searches and seizures.
Do arrests and other detention fall under the 4th amendment?
Yes, seizures of persons are protected under the 4th amd and must be reasonable.
What constitutes a seizure?
A seizure occurs when a reasonable person would believe that she is not free to leave or terminate an encounter with the government.
What constitutes an arrest?
The police take a person into custody against his will for purposes of criminal prosecution or interrogation.
What must an arrest be based on?
Probable cause
When is an arrest warrant needed?
Police generally only need have a warrant to effect a nonemergency arrest of a person in his home.
What other types of seizures are there besides arrest?
1) Investigatory stops 2) Automobile stops 3) Detention to obtain warrant 4) Station house detentions
When may police effect an investigatory detention?
If police have a reasonable suspicion of criminal activity or involvement in a completed crime, supported by articulable facts (i.e., not merely a hunch).
When may police frisk someone in conjunction with an investigatory stop?
If the police also have reasonable suspicion that the detainee is armed and dangerous.
How long may an investigatory stop last?
The detention must be no longer than necessary to conduct a limited investigation to verify the suspicion.
When may police effect an automobile stop?
Generally police may not stop a car unless they have at least reasonable suspicion to believe that a law has been violated.
What is the exception for automobile stops?
If special law enforcement needs are involved, police may set up roadblocks to stop cars without individualized suspicion that the driver violated some law.
What is necessary for a valid road block?
must: 1) stop cars on the basis of some neutral, articulable standard (e.g., every car); and 2) be designed to serve purposes closely related to a particular problem related to automobiles and their mobility.
May police order occupants out of the vehicle in an automobile stop?
Yes, in the interest officer safety he 1) may order them out of the vehicle; 2) frisk them if he believes them to be armed; and 3) search weapons in the passenger compartment.
May the police make pretextual auto stops?
Yes, if they reasonably believe the driver violated a traffic law they may stop him even if the real motive is to investigate some other violation.
May police bring suspects to the police station w/o grounds for an arrest?
No, they must have full probable cause.
Is grand jury appearance protected by the 4th amd?
No.
Are evidentiary searches and seizures protected by the 4th amd?
Yes, must be reasonable to be valid under the 4th Amd, but here reasonableness requires a warrant except in six circumstances.
Does the 4th amd protect against searches by private persons?
No, only gov\'t agents or police.
When does a person have standing for a 4th amendment right respecting the place searched or item seized?
1) He owned or had a right to possession of the place searched; 2) The place searched was in fact his home whether or not he owned or had a right to possession of it; or 3) He was an overnight guest of the owner of the place searched.
Does a person have a reasonable expectation of privacy in objects held out to the public?
No, unless police use a sense enhancing technology not in general public to obtain info from inside a suspect\'s home.
What showing must be made to obtain a search warrant?
Probable cause to believe that seizable evidence will be found on the person or premises to be searched.
How is a search warrant obtained?
Officers must submit to magistrate an affidavit setting forth circumstances enabling the magistrate to make a determination of probable cause independent of the officers’ conclusions.
What is the totality of the circumstances test?
An affidavit based on an informants tip must be sufficient under the totality of the circumstances. * * an affidavit may be sufficient even though the credibility and reliability of the informer or the basis for his knowledge are not established.
Must an informers identity be revealed?
Not usually.
When will a search warrant based on affidavit be invalid?
If D establishes: 1) A false statement was included in the affidavit 2) The false statement was intentionally or recklessly included; and 3) The false statement was material to the finding of probable cause. * * this test is very restrictive.
What happens to evidence obtained in reasonable reliance on a facially valid warrant?
The evidence may be used by prosecution, even if it ultimately turns out that the evidence was not supported by probable cause.
How precise must a warrant be?
Must describe with reasonable precision the place to be searched and items to be seized. * *If it does not, the warrant is unconstitutional, even if the underlying affidavit gives such detail.
Are searches of a nonsupect\'s premises permissible?
Yes, as long as there is probable cause to believe that evidence will be found there.
How must warrant be executed?
Only the police (and not private citizens) may execute a warrant, and it must be executed without unreasonable delay.
Must police announce themselves before executing a search warranty?
Police must knock, announce their purpose, and wait a reasonable time for admittance. * *unless the officer has reasonable suspicion, based on facts, that announcing would be dangerous or futile or would inhibit the investigation.
What may police seize when executing a search warrant?
Police may seize any contraband or fruits or instrumentalities of crime that they discover, whether or not specified in the warrant.
What persons may be searched when found on the premise where a warrant is being executed?
Only persons named in the warrant.
When may persons be detained during the search of premises?
When the warrant is founded on probable cause to search for contraband.
What are the 6) exceptions to the warrant requirement?
1) Search incident to lawful arrest. 2) Automobile exception 3) Plain view 4) Consent 5) Stop and frisk 6)) Hot pursuit or other emergency.
What is the scope of the search incident to lawful arrest exception?
The police may search the person and areas into which he might reach to obtain weapons or destroy evidence, as well as a sweep of the area if they believe accomplices are present. * *Must be contemporaneous in time and place w/ arrest.
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