4th Amendment Flashcards
Exclusionary rule says that
when ev is seized in violation of 4A, inadmissible in case in chief of a crim proceeding.
CAN be used for impeachment
Applies to the states.
For a D to have standing to try and get ev excluded under exclusionary rule,
D must personally be the vic of po’s unreas conduct
fruit of the poisonous tree doc applies where
ev acquired directly or indirectly from the illegal arrest/ search/ seizure must be excluded.
Does not apply to miranda violations.
if ev gets suppressed as fruit of the poisonous tree, then D makes a spontaneous confession after released, the fruit of the poisionous tree might be able to come in cause of
intervening act of free will by D
fruit of the poisonous tree exception: ev would have been discovered regardless of the illegality
inevitable discov
burden at a 4A suppression hearing
on govt to establish admissibility by a prep of the ev
D’s testimony at 4A suppression hearing cannot be used
at trial against him on the substantive issue of guilt
on appellate review, ev improperly admitted, govt must show
harmless error- prove that they would have gotten the conviction even without that ev
arrests in public
gen dont need a warr
an unlawful arrest can/ can’t be used as a defense to a subsequent conviction
nope
generally, a warrant is/isn’t req for an arrest
no- po just need probable cause
warr gen needed to arrest someone in their home
unless exigent circ or consent
before entering a home to make an arrest, po must
knock and announce
unless reas believe it’d be dangerous, futile, etc
arrests for felonies
po and citizens can arrest for felonies committed in their presence
-po: can arrest \ where he has reas grounds to believe the felony was committed, even if not committed in his presence
po and citizens may make arrests for misdemeanors when
cr committed in his presence
and
misdemeanor amounts to a breach of the peace
use of deadly force to prevent escape is ok when
felony suspect
S poses threat of sei phys harm to officer or others
OR
S has committed a cr involving infliction of such harm
AND some feasible warning has been given
PC
reas person to cnclude that the S has committed a cr or that spec items rel to crim act can be found at a particular location
-info is not out of date
OBJECTIVE
conditional warrants
ex: delivery of a package, then they want to search it
fair prob that evn of a cr or contraband will be found at a particular location
PC that condition will occur
To perform a stop, Po must have
reas articulable suspicion that criminality is afoot.
to do a frisk, po must have
reas articulable suspicion that S is armed and dangerous
terry frisk based on an anon tip: ok?
inadequate alone. TOC
terry stop and frisk: po needs –
reas articulable suspicion that S is armed and dangerous
A person can assert 4A rights only when he has a reasonable expectation of privacy. REP where:
- D has standing (HIS rights were violated)
- objects to be seized are not “held out to the public”
passenger in a car has standing to challenge-
unlawful stop of the car, but NOT an unlawful search of the car
to be valid, a search warr must be
issued by a neutral and detached magistrate
adequate showing of PC (reas person would conclude that spec items rel to cr are in the particular place; info is not out of date)
describe w particularity the place to be searched and items to be seized
-intrusion cannot be unreasonable (ex req removal of a bullet embedded deep in the body)
