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Criminal procedure
fortune 2012
10
Law
Professional
04/18/2012

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Cards

Term
weeks v. u.s.
Definition
Held that D was entitled to the return of papers that were seized in a warrantless search of his home by a federal marshal, the effect being that the papers could not be used to prosecute the defendant.
Term
rochin v. california
Definition
Stomach pumping case; Shocked the conscience of the court which led them to say that the states cannot profit from that activity (couldnt use the result of the stomach pumping against D); offends concept of ordered liberty”.  Fifth amendment Due Process case.
Term
Mapp v. Ohio
Definition
Court held that the violation of a state defendants right against unreasonable search required the SAME REMEDY as was mandated in federal prosecutionsi.e. the suppression of evidence through the exclusionary rule.  3 Part rationale:  1. necessary remedy for the individual 2. deter police misconduct 3. preserve judicial integrity.
Term
u.s. v. leon
Definition
applied "good faith" exception to the exclusionary rule for warrants. When officers reasonably rely on a warrant issued by a detached and neutral magistrate, evidence that is obtained should be admissible in the prosecutions case in chief.
Term
exceptions to leon
Definition
  • (1) Knowing or reckless falsehoods in the affidavit
  • (2) A magistrate who doesnt act like a neutral magistrate(becomes part of the prosecutorial scheme)
  • (3Barebones affidavitsdescribed by the court as one that is so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable
  • (4Facially deficient warrantsthose warrants that fail to particularize the place to be searched or the things to be seized in such a manner that the executing officers couldnt reasonably presume it to be valid
Term
process to obtain a warrant
Definition
  • 1.) Complaintpolice activity (writes affidavit to show probable cause for warrant)
  • 2.) Review by judge (looks for probable cause)
  • 3.) Issuance of warrant
  • 4.) Police execute warrant and obtain evidence
  • 5.) Judicial review of complaint and warrant
  • 6.) Different judge admits/excludes evidence
Term
hudson v. michigan
Definition
Court held that evidence need not be excluded when police violate the knock and announce rule 
Term
herring v. u.s.
Definition
 
  • Exclusionary rule applies ONLY if the act of the police goes beyond mere negligence
  • Rule is only applied to DELIBERATERECKLESS or A SYSTEMIC PATTERN of negligent conduct
  • focuses on deterrence
Term
what does the 4th amendment protect?
Definition

 

persons, houses, papers and effects against unreasonable searches and seizures by the government

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