4th Amend - Remedies

Question 1

When does exclusion apply?

Answer 1

• Exclusion requires that the violation: was directed against the defendant’s 4th Amendment protection, not someone elses

Question 2

What is required to claim exclusion?

Answer 2

1. The unreasonable search or seizure must trigger the remedy of exclusion;
   
   • violating knock and announce does not count
2. The defendant claiming the remedy (seeking exclusion) must have standing;
3. The facts do not support applying an exception to the exclusionary rule