ASS questions

Question 1

Purpose of Analytical Model?

Answer 1

Determining whether the evidence will be admissible in a court of law or subject to suppression and thereby inadmissible.

Question 2

Three major questions of Analytic Model

Answer 2

Is there a Fourth Amendment right at stake

Did the law enforcement officer act pursuant to a valid warrant

Does one of the exceptions to the Fourth Amendment Warrant Requirement apply

Question 3

Key phrases of the Fourth Amendment

Answer 3

Secure in their persons, houses, papers and effects (four areas of protection)

Against unreasonable searches and seizures

No warrant shall issue unless supported by probable cause. Supported by oath and affirmation

But upon probable cause (50% of belief)

Items must be described with particularity

Affirmation will be laid out in affidavit

Question 4

What is a search

Answer 4

Governmental trespass of a protected area for the purpose of gaining information or any governmental act that violates a person’s reasonable and justifiable expectation of privacy

Question 5

Two types of searches

Answer 5

Katz and Per se

Question 6

What is Katz search

Answer 6

any governmental act that violates a persons reasonable and justifiable expectation of privacy

Question 7

What is a Per se search

Answer 7

a governmental trespass of a protected area for the purpose of gaining info

Question 8

Two part test to help determine if there is a Reasonable Expectation of privacty

Answer 8

Does the suspect have a subjective (personal) expectation of privacy?
Does society recognize #1 as being reasonable?

Question 9

What is a Seizure

Answer 9

Any exercise or dominion of control over a thing or effect. There has to be a meaningful interference

Question 10

What isn’t a seizure

Answer 10

When an officer lawfully purchases item or the item is voluntarily given to the officer

Question 11

Formal Arrest

Answer 11

Taking, seizing or detaining of the person by
1. actual physical touching
2. any other act that indicates an intention to take the person into custody

Question 12

De Facto Arrest

Answer 12

Circumstances of the police contact would lead a reasonable person to believe that he was not free to leave

Key factors: length of stop
did you use handcuffs or other forms of confinement
did you remove suspect from scene
Number of officers
Officer commands or demands

Question 13

In order for an arrest to be reasonable what must it be supported by

Answer 13

Probable Cause

Question 14

4th Amendment violations; actions directed at the offending officer

Answer 14

Civil Liability
Criminal Liability
Employment sanctions
Revocation

Question 15

Exclusionary Rule

Answer 15

If officers violate one of the provisions of the Bill of Rights then the evidence obtained in violation of the Amendment may not be used at trail

Adopted by federal courts in Weeks v. US (1914)
Applied to the States Mapp V. Ohio (1961)

Question 16

Justifications of the Exclusionary Rule

Answer 16

Protect the 4th Amendment
Insure Judicial Integrity
Deter future police misconduct

Question 17

Fruits of the Poisonous Tree

Answer 17

The suspect must have standing to challenge
evidence acquired from unconstitutional acts or evidence illegally obtained shall not be admitted into court

Question 18

Good Faith Exception

Answer 18

officers are acting in reasonable reliance on a warrant issued by a neutral and detached judge, any evidence obtained by officer’s actions will be admissible even later when warrant deemed unconstitutional

Question 19

Officers lose Good Faith Exception

Answer 19

affidavit is so lacking in probable cause that no reasonable officer would have relied on it
warrant is defective on its face
affiant lied or mislead the magistrate
magistrate abandoned the neutral and detached role

Question 20

Good faith has extended outside of search warrant situations

Answer 20

arrest warrants
invalidated state statutes
Consent based searches

Question 21

Inevitable discovery doctrine

Answer 21

Illegally obtained evidence will not be suppressed if the prosecution can establish by a preponderance of the evidence that the evidence would have been eventually discovered by other lawful means
Requirement: eventually discovered by lawful means

Question 22

Independent Source Doctrine

Answer 22

prosecution can establish that the illegally obtained evidence was also derived from a separate source, then the exclusionary rule will not have to be applied

Question 23

Attenuation Doctrine

Answer 23

Evidence still admissible when the connection between the unconstitutional police conduct the evidence is remote or has been interrupted

Factors: Timing between contact and discovery
presence of lawful intervening circumstance

Question 24

Analytical model quetsions

Answer 24

1.Is there a Fourth Amendment right at stake
2. Did the law enforcement officer act pursuant to a valid warrant
3. Does one of the exceptions to the Fourth Amendment Warrant Requirement apply

Question 25

Does the defendant have a reasonable expectation of Privacy

Answer 25

Fourth amendment protects people not just places
Protection extends not only to the person but also the items found on that person

Question 26

Reasonable expectation of privacy in a persons residence

Answer 26

Protection against unreasonable searches and seizures of a person’s home
Protection prevents warrantless entries into home or seizures of intimate details from the home without consentor exigence

Question 27

Curtilage

Answer 27

given same protection as the home
area immediately surrounding a dwelling house it is necessarily and habitually used for family and domestic purposes includes buildings located there as well

Question 28

Test to determine what property is considered curtilage

Answer 28

proximity of the area to the home
whether the area is within an enclosure that includes the home
nature/use and observation
steps, if any by the homeowner to protect the area from public view

Question 29

driveways, lanes and front sidewalks

Answer 29

may not have reasonable expectation of privacy if no steps to limit its accessibility and visibility to the general public

Question 30

When can you enter curtliage

Answer 30

if you develop the cause that criminal activity is occurring on the curtilage you can enter the curtilage to investigate

Question 31

Open Fields

Answer 31

Rural : any unoccupied or undeveloped area outside the curtilage ex. crop land
Communities: areas where the individual does not have a REP

Question 32

Exceptions of warrantless seizures

Answer 32

Seizure of property does occur when the officer meaningfully interferes with an individual’s possessory interest in that property
seizure of personal property found in the public that is contraband does not equate to a seizure
Abondoned/lost property is not protected

Question 33

Lost property

Answer 33

Katz still applies

Question 34

Valid Warrant requirements

Answer 34

must be issued by a neutral and detached judge = no interest in the matter and is capable of determining probable cause

Question 35

Nebraska judges who may issue warrants

Answer 35

issued by any judge of county, district, appeals court or supreme court for execution anywhere in the state of Nebraska
Clerk Magistrate may issue for property located in his or her county

Question 36

Probable Cause

Answer 36

A fair probability that the contraband will be found in the place to be searched

Based on the totality of circumstances

Question 37

Affidavits

Answer 37

must show the information relied upon is still fresh
it should reflect the likelihood of finding contraband is high
Depends on the nature of the crime

Question 38

Sources and rules of warrants

Answer 38

officer training/ experience
hearsay sources (victim/witness reliable)
Identifiable sources (anonymous tippers/ confidential informant)
Sources in custody (must have corroborating information in order to establish probable cause, cant rely on their info alone)

Question 39

Search Warrant and Affidavit

Answer 39

Must identify the target of the search with no reasonable probability of searching another premises
Use address and description of the residence
Curtilage is automatically covered
scope: smaller is better

Question 40

Search warrants must be done under oath and writing with exception of

Answer 40

telephonic warrants: Applicant must contact county attorney, if CA agrees they will contact judge, judge contacts applicant, judge makes voice recording of the testimony, if the recording is lost or damages, any warrant issued pursuant to is invalid

Question 41

Criminal Sanctions of search warrants

Answer 41

Making a false statement under oath
neglecting to serve a warrant
warrant shall not be public until executed

Question 42

Execution of the warrant

Answer 42

10 days to execute
only executed in daytime 7am-8PM
only officers named in warrant should execute
gaining entry: officers MUST knock and announce unless stated in warrant
After execution officers must leave copy of warrant and property list/receipt