4th class Flashcards

1
Q

GATES test

A
  • test for ANONYMOUS TIPSTERS
  • “totality of circumstances” standard
  • Aguilar is too technical for anonymous tipsters
  • can be established by corroboration or detailed info.

THIS CASE REJECTED AGUILAR

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2
Q

staleness

A
  • PC must exist at the time the warrant is issued, that the items are at the location to be searched
  • factors to consider:
    • AGE OF INFORMATION
    • continuing criminal activity
    • type of evidence sought
    • nature of location to be searched

STALENESS = NO PROBABLE CAUSE

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3
Q

how to establish PC if information is stale:

A
  • conduct surveillance
  • conduct an undercover sting
  • interview more witnesses and victims
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4
Q

exclusionary rule:

A
  • SUPREME COURT RULE
  • excludes evidence from trial if obtained in violation of 4th amendment
  • example: police enter home illegally, find cocaine, cocaine inadmissible.
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5
Q

what is the purpose of the exclusionary rule?

A
  • to deter police misconduct
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6
Q

fruit of the poisonous tree doctrine:

A
  • any evidence derived directly or indirectly from evidence that was in violation of the 4th amendment is also inadmissible.
  • example: police illegally enter home, find map, map leads to dead body. Both map and dead body inadmissible.
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7
Q

what are the exceptions to the exclusionary rule?

A
  • no standing to object
  • impeachment of the defendant
  • good faith reliance on warrant
  • foreign searches
  • inevitable discovery of evidence
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8
Q

standing to object

A
  • defendant must have REP in the area searched to have standing.
  • the evidence is admissible against the defendant if he has no standing.
    example: illegal entry into home, arrest of social visitors, evidence admissible against social visitors
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9
Q

impeachment of defendant

A
  • defendant takes witness stand to testify

- suppressed evidence is now admissible to contradict his testimony

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10
Q

good faith reliance doctrine

A
  • if an officer relies on a warrant issued by a judge, the evidence is admissible against the defendant even if another judge later determines that the warrant is invalid
  • for “close call” cases where reasonable judges might be in dispute about whether PC exists
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11
Q

exceptions to the good faith doctrine:

A
  • knowingly provided statements in affidavit (LIES)
  • biased judge
  • affidavit clearly lacked PC
  • invalid warrant (evidence inadmissible)
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12
Q

when does the exclusionary rule NOT apply?

A
  • Grand jury proceedings
  • Sentencing proceedings
  • Deportation hearings
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