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Criminal Procedure > 4th Amendment > Flashcards

4th Amendment Flashcards

1
Q

What will courts look to in determining if something is more ‘open to the public’ vs. REOP?

A
  1. Proximity to the house
  2. Whether area is enclosed
  3. Nature of use of area
  4. Steps taken by persons to protect the privacy. (Bk423)
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2
Q

Open Areas/Flyovers

A

Areas outside the home that are held out to the public do Not have REOP.
(Ex. = distant barns, yards visible by planes, discarded trash) (Bk423)

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3
Q

What is REOP based on?

A

Totality of the Circumstances. (Bk423)

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4
Q

What are some Fact Triggers to recognize Search/Seizure?

A
  1. Police search a home/car
  2. Police stop a car @ checkpoint
  3. Police search clothing on person
  4. Police search a person’s belongings
  5. Police arrest a person anywhere w/ or w/o a warrant
  6. Police stop person in a car or on foot for violating the law
  7. Police dog to sniff for drugs/other contraband. (Bk424)
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5
Q

What does SILA stand for?

A

Search Incident to Lawful Arrest

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6
Q

What do you need to constitute a Search/Seizure?

A
  1. Govt’l action
  2. REOP
  3. Warrant or Exception thereto
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7
Q

Search & Seizure

A

A search warrant is needed and is REQUIRED for a government Search/Seizure of property that is located where one has a REOP because a person has a right to be free from an unreasonable search/seizure. (Bk423)

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8
Q

Arrest Warrant

A

An arrest warrant is generally NOT required for an arrest unless a person is arrested in his home. (Bk423)

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9
Q

Routine Stop

A

…by the gov’t is typically permitted. (Bk423)

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10
Q

Automobile Stop

A

The police may randomly stop automobiles if there is a ‘Reasonable Suspicion’ of wrongdoing based on an Objective Standard.

  • All occupants may also be asked to exit the vehicle for any reason. (Bk423)
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11
Q

Checkpoints/Roadblocks

A

Police may set up fixed checkpoints to test for compliance with laws related to driving or if a special law enforcement needs are involved, such as immigration.
*THE STOP MUST BE BASED ON SOME NEUTRAL ARTICULABLE STANDARD. (Bk423)

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12
Q

Stop & Frisk

A

= Terry Stop
Police may stop and frisk someone without arresting them. (Bk423)

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13
Q

4th Amendment

A

Prohibits the government from performing unreasonable Searches & Seizures. (Aud)

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14
Q

What will the courts do to prevent the government from violating a person’s rights?

A

To prevent the Gov’t from violating these rights, courts will generally suppress evidence from being aditted if the evidence was obtained in violation of said rights. (Aud)

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15
Q

EXCLUSIONARY RULE

A

Any evidence that has been illegally obtained, must be excluded from CRIMINAL TRIALS ONLY. (Aud)

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16
Q

Is the Exclusionary Rule in the Constitution?

A

The Exclusionary Rule is not in the Constitution. It is court made rule established in Weeks v. Ohio (Aud)

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17
Q

What court case established The Exclusionary Rule?

A

Mapp v. Ohio

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18
Q

Weeks v. US

A

Warrantless search for evidence of gambling. The 4th Amendment bars the use of any evidence obtained through a warrantless search. (Aud)

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19
Q

What is the purpose of the Exclusionary Rule?

A

To bar police misconduct and to protect defendants who’s rights have been violated. (Aud)

20
Q

Does the Exclusionary Rule apply to any other proceedings?

A

The Exclusionary Rule does NOT apply to any other criminal proceedings, only trial proceedings and does not apply to civil proceedings.

21
Q

Mapp v. Ohio

A

Made the Exclusionary Rule applicable to the states

22
Q

Due Process of the 14th Amendment

A

Is what brings the applicability down through to the states

23
Q

What are the exceptions to the Exclusionary Rule?

A
  1. Law enforcement acts in good faith
  2. Defendant testifies in his own defense
  3. Knock & Announce violation
24
Q

What case brings about the Good Faith Exception to the Exclusionary Rule?

A

U.S. v. Leon

(information in warrant application was not up to date and error on part of judge for granting it). Need not exclude this honest mistake.

25
Q

Good Faith Exception to Exclusionary Rule

A

Evidence that is illegally obtained, will nonetheless be admissible if law enforcement, in good faith, thinks they are acting pursuant to a valid warrant.

**Even possible where they in good faith believe a warrant is not even required for a search…(lawd!)

26
Q

Arizona v. Evans

A

Good Faith Exception case. Evidence seized because of clerical error may be admitted as an exception to the Exclusionary Rule. (Aud)

27
Q

3rd Exception to the Exclusionary Rule - Knock & Announce

A

Exclusionary Rule does not apply if the police reasonably suspect that in doing so it may lead to:
-Evidence destruction
- Escape of suspect
-Physical violence going on inside

A warrant itself can permit forcible entry

28
Q

Derivative Evidence

A

Fruit of the Poisonous Tree = Secondary Evidence

29
Q

Fruit of the Poisonous Tree Doctrine

A

Illegal search that leads to new evidence (aka Secondary Evidence, Derivative Evidence)

30
Q

What is the 2nd Exception to the Exclusionary Rule?

A

For Impeachment Purposes

-A defendant testifies in his own defense. Illegally obtained evidence may be admitted to impeach the defendant’s testimony. Only applies to the Defendant. (Aud)

31
Q

Arizona v. Gant

A

Warrantless Search of Passenger Compartment..
Only if:
1. Arrestee has access to passenger compartment
(which will virtually NEVER be the case if standard police prctice is followed)
2. The police reasonably believe the passenger compartment may contain evidence OF THE OFFENSE for which the arrest is being made.

32
Q

Arizona v. Gant. What was the case about?

A

Warrantless search of the passenger compartment and narrowed the Belton case.

33
Q

Consequences for vehicle outside of curtilage

A

Because the non-curtilage portion of a residential property is treated the same for Fourth Amendment purposes as a public place, it follows that when a vehicle is located in the non-curtilage portion, the automobile exception to the search warrant requirement relieves the police of the need to procure a warrant before they enter the property and search/seize the vehicle just as if the vehicle were parked on the street. (Eman139)

34
Q

Collins v. Virginia

A

The vehicle exception does Not apply to allow the warrantless search of a vehicle located within the curtilage. (Eman140)

35
Q

Arizona v. Gant establishes that the search incident to arrest rationale allows a warrantless search of the passenger compartment only if….

A
  1. The arrestee has access to the passenger compartment at the moment of the search (Which will virtually Never be the Case!!)
  2. The police reasonable believe that the passenger compartment may contain evidence of the offense for which the arrest is being made. (Eman107)
36
Q

Automobile Exception + Exigent Circumstances

A

Exigent circumstance even though it is its own ‘exception’, will apply to the “Automobile Exception” as well (wrap your head around that one!). Exigent circumstances will often cause the warrant requirement to be suspended when a car search is involved. Ex. Can search to preserve evidence.

37
Q

Automobile Exception, Statement of Rule

A

A police officer may search a vehicle without first obtaining a warrant, as long as she has P.C. to believe that evidence or contraband is located in the vehicle.
The Rationale: = 1. Ready mobility, 2. Lesser expectation of privacy. (Eman135)

38
Q

Brown v. Illinois

A

Established 3 Factors whether an event/time is enough to Purge Taint.
1. Temporal Proximity
2. Presence of Intervening Circumstances
3. Purpose and flagrancy of the official misconduct.

39
Q

Purged Taint (Defined)

A

If enough additional factors intervene between the original illegality and the final discovery of evidence, neither the ‘deterrence’ nor ‘judicial fairness’ rationales behind the Exclusionary Rule applies. Therefore, the evidence may be Admissible despite the fact that it would not have been discovered ‘but for’ the illegality. (Eman 334)

40
Q

Rationales behind the Exclusionary Rule

A

-Deterrence of Police Misconduct

  • Judicial Fairness

***If neither of these are being served, the evidence could be allowed under Purged Taint. (Eman 334)

41
Q

Standing

A

A defendant may assert the Exclusionary Rule only to bar evidence obtained through violation of his Own constitutional rights,, not to bar evidence obtained through violation of the rights of some 3rd party. (Eman 319)

42
Q

‘Fruit of the Poisonous Tree’ Doctrine

A

Even evidence that is only Indirectly obtained by violation of a defendant’s rights is subject to Exclusion. Once the original evidence is shown to have been unlawfully obtained, all evidence ‘Stemming from’ it, is equally unusable. (Eman 319)

43
Q

INDEPENDENT SOURCE EXCEPTION (to the Fruit of the Poisonous Tree)

A

When the police have an Independent Source for the evidence, which does Not involve illegality, the evidence is Not barred by the Exclusionary Rule. (Eman 319)

44
Q

INEVITABLE DISCOVERY EXCEPTION (to Fruit of the Poisonous Tree Rule)

A

Evidence which would inevitably have been discovered anyway through other police techniques and channels may be admitted at trial. (Eman 319)

45
Q

Intervening Act of the Defendant (Exception to the Fruit of the Poisonous Tree Doctrine)

A

Where there has been passage of time and an Intervening Act of free will was made by the defendant. = ATTENUATION

46
Q

Attenuation

A

Passage of time and an intervening act of free will by the defendant was made. (Aud4)

47
Q

3 Exceptions to Fruit of the Poisonous Tree
(FOPT)

A
  1. Independent Source Doctrine
  2. Inevitable Discovery Doctrine
  3. Intervening Act by the Defendant.

(Aud 4)

Criminal Procedure (2 decks)

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