Term
| "Death Penalty for evidence" |
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Definition
- Helps the guilty
- Fails to help the innocent
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Term
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Definition
| Exclusionary rule introduced on Federal level |
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Term
| What is the primary purpose of the Exclusionary Rule |
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Definition
| To deter police misconduct, (stop 4th Amendment violations) |
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Term
| What does the Exclusionary Rule do? |
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Definition
| Excludes illegally seized evidence (initially just federal) |
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Term
What precedent did the Elkins case (1960) set?
(hint: Exclusionary Rule) |
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Definition
Stopped illegal evidence from traveling from state court to federal court
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Term
What precedent did the Mapp case (1961) set?
(hint: Exclusionary rule) |
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Definition
| Exclusionary Rule fully extended to states. Illegal evidence not permitted in any court |
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Term
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Definition
| evidence illegally seized by federal officials admissible in state courts. And vice versa |
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Term
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Definition
| evidence illegally obtained by state police must be excluded from federal court |
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Term
| "Fruit of the Poisonous Tree Doctrine" |
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Definition
| excludes additional evidence discovered by using illegal evidence |
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Term
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Definition
excluded evidence from 2nd person's home where 1st search was illegal
(derivative evidence) |
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Term
| What are the 4 Major exceptions to the Exclusionary Rule? |
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Definition
- Independent Source Rule
- Rule of Inevitable Discovery
- Doctrine of Attenuation
- Good Faith Exception
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Term
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Definition
Made illegally seized evidence admissible if alternative or parallel method of discovery exists
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Term
| Rule of Inevitable Discovery |
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Definition
Police find evidence through illegal means
- a legal meas of discovery existed
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Term
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Definition
Illegally seized evidence separated by time, distance and events from the seizure.
- becomes admissible evidence
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Term
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Definition
- applies when police make error
- conduct must be of no fault of police
- application of exclusionary rule would not have changed police behavior
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Term
Limitations on Exclusionary Rule
(parole revocation hearings) |
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Definition
- not completely adversarial in nature
- produces minimal deterrence on police conduct
- no use where costs outweighs benefits
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Term
Limitations of Exclusionary Rule
(Vicarious assertion) |
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Definition
| 3rd part assertion is not allowed |
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Term
Limitations on the Exclusionary Rule
(where does the rule not apply?) |
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Definition
- Where police relied on illegal law
- Limit impeachment
- Judicial errors
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Term
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Definition
Remedy for outrageous fed agent conduct during search or seizure.
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Term
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Definition
Standing requires: Party to have personally had 4th Amendment rights violated
Arrests involving: victim's house, car, personal property |
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Term
| Two friends are pulled over with no PC (unlawful stop) and an unlawful search is conducted. Police find a controlled substance on the passenger, can the evidence be excluded? |
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Definition
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Term
| Four friends are pulled over with sufficient PC (lawful stop) and an unlawful search is conducted. A ki of coke is found in the backseat, who can be excluded? |
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Definition
| Only the owner of the car, only his 4th Amendment rights have been violated |
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Term
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Definition
| solidified the concept of standing |
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Term
| Brendlin v California (2007) |
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Definition
| Expansion of standing: Defendant passenger granted standing to contest stop of vehicle |
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Term
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Definition
| Officers have facts and circumstances available to them as would "warrant a man of reasonable caution in the belief" that an offense has been committed |
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Term
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Definition
| seizure where an individual person, against his/her will, comes under police control |
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Term
| Plain meaning of 4th Amendment |
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Definition
- Warrants are necessary for most arrests.
- Warrantless arrests: for misdemeanors (in some cases) and felonies (in all cases)
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Term
Probable cause
(level of proof required) |
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Definition
| Level of proof must be beyond a mere hunch or guess |
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Term
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Definition
| No arrest or search warrant utilized. |
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Term
| Sources of Probable Cause |
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Definition
- Observe facts indicating criminality
- Have informants' info
- Public info, hearsay, research, wiretaps
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Term
Probable cause
(two pronged test) |
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Definition
| Data given by informant must equal PC and facts must indicate why informant is believed |
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Term
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Definition
| a court order to seize a person |
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Term
| What is needed to issue an arrest warrant? |
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Definition
| Judicial official must believe PC exists for specifically described person |
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Term
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Definition
- Name of person
- Description of person
- Details of charged offense
- Orders to police to execute warrant
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Term
| Requirements for Arrest w/o a Warrant |
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Definition
- Felony arrest
- misdemeanor
- breach of peace in view of officer
- depends on local law
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Term
| Can an officer make a warrantless arrest inside of arrestee's home? |
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Definition
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Term
| Atwater v. City of Lago Vista (2001) |
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Definition
| held that a person's Fourth Amendment rights are not violated when the subject is arrested for driving without a seatbelt. The court ruled that such an arrest for a misdemeanor that is punishable only by a fine does not constitute an unreasonable seizure under the Fourth Amendment. |
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Term
| Warrantless arrest is allowed only when: |
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Definition
- demanding circumstances exists
- impending destruction of evidence
- Hot pursuit (continous)
- other exceptions
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Term
| Who is not protected against warrantless PC arrests in the home of an arrestee? |
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Definition
- Casaul visitors
- Trespassers
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