Class Notes pt. 3 Flashcards
The exclusionary rule does not apply to ______
parol
In order for evidence to be excluded, a defendant has to make a _______
motion
________, one of the requirements a defendant has to meet
standing
Describe Katz v. United States.
- phonebooth used to conduct illegal housing
- FBI recorded phone booth
- police didn’t search house or person, just recording
- Katz said he had an expectation of privacy because the phone booth was closed
Describe United States v. Leon.
- created the good cause exception, which only applies to searches pursuing a warrant
- in Leon, the warrant wasn’t supported by probable cause
What exceptions to the good faith (Leon) exception?
1) police mislead the judge
2) biased judge
What are exceptions to the exclusionary rule?
1) good faith mistake (only applicable to search warrants)
2) court employee makes a mistake
3) When the police action is based on a law that is no longer considered unconstitutional
4) if there’s inevitable discovery
5) if its’ a private search, or a police officer is encouraging someone to conduct a search
What happens in Evans case?
- used an old warrant to get a car searched, but a clerk forgot to take it out of the system
- the Supreme Court rules against exclusing evidence becasue it was the fault of a clerk, not an officer
List the different exceptions.
1) good faith
2) private searches
3) civil proceedings
4) parole/probation
5) sentencing
6) grand jury
__________ _____, excludes evidence at trial
Exclusionary rule
Stop and Frisk is also known as a _____ ____, this is due to the ____ v ____ case.
terry stop
Terry v. Ohio
True or False: a brief stop is not considered a seizure of a person
False; even a brief stop is still a seizure of a person
the __th amendment is implicated within a stop
4th
In order to stop and frisk, the level has to be __________ __________ or higher
reasonable suspicion
True or False: a stop is not limited to an officer verbally announcing
true
