Term
| 4th amd. search or seizure approach |
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Definition
- Was there a search or seizure?
- Was there a warrant based on PC?
- If no warrant, does it fall into an exception?
- Does the exclusionary rule apply?
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Term
| when has the government invaded a privacy or possessory interest? |
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Definition
- NOT the same as trespassing
- For a search, necessary that a person have an actual expectation of privacy and that that expectation be one that we are willing to call reasonabl
- no search if government agent sees what a reasonably curious citizen could see or from where a citizen could be
- IS a search if using devices not available to the average citizen o whether a search or not can turn on how efficient the device is (sniffing dogs)
- no search if person voluntarily exposes private matters to a third person
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Term
| In what ways can a warrant be challenged? |
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Definition
- truthfulness of affidavit (cop lying or was reckless regarding the truth
- whether info in affidavit shows PC: totality of circumstances indicates there is a fair likelihood. Must consider basis of knowledge and reliability. Lots of nne can make up for the other.
- Can challenge warrant itself as too vague or two sweeping (Garrison)
- can challenge how warrant was executed - did police act unreasonably?
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Term
| What are some exceptions to the warrant rule? |
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Definition
- Arrests and searches incident to arrest
- can search any vehicle, unless being used as a home
- detention of persona and things: officer can conduct a limited detention and a limited search if there is reason to do so
- administrative searches
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Term
| When does the exclusionary rule apply and what are the exceptions? |
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Definition
- If a violation of 4th amd, generally excluded from trial
- doesn’t apply to other proceedings such a deportation and parole
- exception
- good faith - reasonable reliance on a warrant they didn’t know was bad
- also applies if police conduct wasn’t sufficiently deliberate (case from this term)
- doesn’t apply from the invasion of someone else’s rights (Carter)
- taint was attenuated (Won Sun or kinda Hudson)
- inevitable discovery (Nix v. Williams, Hudson)
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