Chapter 1 Flashcards
What is the the equivalent for MA of the 4th ammendment?
Article 14
What is Article 12 similar to?
5th and 6th amendment
No subject shall be held for any crimes or offenses until they are fully described to him
etc witnesses
What is the 8th ammendment?
excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments
What is the 14th ammendment?
states cannot make any law that that abridges privileges or immunities of citizens
What does the exclusionary rule do?
bar evidence from the initial mistake
fruit of the poisonous tree
4 situations where the exclusionary rule does not apply:
1) attenuation doctrine
2) independent source rule
3) inevitable discovery
4) collateral proceedings
What is the attenuation doctorine?
when court decides the police obtained evidence as an indirect result of their illegal detention or arrest
Is there a difference between statements and physical evidence regarding the attenuation doctorine?
yes for arrests inside or outside the home. statements are admissible but physical evidence collected for improper arrest is not
What is the Independent Source rule?
recognizes that officers should not be penalized for unconstitutional activity when the evidence also came from another legitimate source
What is the Inevitable discovery rule?
Issue whether unlawfully found evidence would have eventually been discovered lawfully.
If evidence is seized that was not included in the search warrant, would it be allowed under inevitable discovery?
Won’t be admitted even if later discovery is inevitable
What is the collateral proceedings rule?
exclusionary rule prevents police from using illegally obtained evidence to prove a case at trail but can be used:
impeach false testimony
revoke probation or parole
remove children
discharge or discipline a public employee
prove a civil case
