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
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
3
Q
how to establish PC if information is stale:
A
- conduct surveillance
- conduct an undercover sting
- interview more witnesses and victims
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.
5
Q
what is the purpose of the exclusionary rule?
A
- to deter police misconduct
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.
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
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
9
Q
impeachment of defendant
A
- defendant takes witness stand to testify
- suppressed evidence is now admissible to contradict his testimony
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
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)
12
Q
when does the exclusionary rule NOT apply?
A
- Grand jury proceedings
- Sentencing proceedings
- Deportation hearings