Shared Flashcard Set


Criminal Procedure
for Professor Shatz

Additional Law Flashcards




4th amd. search or seizure approach
  1. Was there a search or seizure?
  2. Was there a warrant based on PC?
  3. If no warrant, does it fall into an exception?
  4. Does the exclusionary rule apply?
when has the government invaded a privacy or possessory interest?
  • 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
In what ways can a warrant be challenged?
  • 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?
What are some exceptions to the warrant rule?
  • 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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When does the exclusionary rule apply and what are the exceptions?
  • 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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