Constitution, Fourth Amendment, Bill of Rights Flashcards
What does the Fourth Amendment say?
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
How many words does the Bill of Rights contain?
54
Originally, did the federal courts involve themselves with enforcing search and seizure laws at the state level, or was that left to the individual states?
No, it was left to the individual states.
What case law was ruled on by the US Supreme Court in 1949 which made the 4th Amendment binding on state and local officers?
Wolf v Colorado
What key concept came into play with Wolf v Colorado?
Dual sovereignty/dual citizenship
True or false - evidence obtained in violation of a person’s rights must be excluded from evidence in federal criminal trials.
True - this is not found in the constitution, but is a judicial rule.
True or false - State courts can interpret their own constitutions to give their citizens more or fewer rights, as they see fit.
False. State courts can only interpret their own constitutions to give their citizens more rights than they have as US citizens, but never fewer.
Is evidence derived from an initial first illegal act admissible in state court?
No
If a seizure of evidence violates the state constitution , will it be excluded from trial?
Yes
What is the Good Faith Exception?
A federal exception that says that if an officer conducts an illegal search unknowingly and in good faith, the evidence is admissible. NEW HAMPSHIRE DOES NOT HAVE A GOOD FAITH EXCEPTION.
Does NH have a Good Faith Exception?
No.
Essentials: What is the Inevitable Discovery exception to the Exclusionary rule?
If evidence is discovered by illegal means but would have been discovered later by legal means, it is admissible (State v Beede, 1979)
What is required for a “One-Party?”
Authorization must be granted by the AG, an assistant AG or person designated to authorize a one party. A memo must be made within 72 hours.
True or false - a search is any conduct by government agents which intrudes on a person’s expectation of privacy.
True
True or false - a government agent is a police officer or someone operating at their direction.
True
True or false - the US Supreme Court has ultimate authority for interpreting the US Constitution and the NH Supreme Court has ultimate authority for interpreting the NH Constitution.
True
If an illegal wiretap leads to other evidence, is it admissible?
No
True or False - Even if someone knowingly exposes evidence to the public, it is still protected by the 4th Amendment.
False
True or false - while a hit and run vehicle parked in a public lot, with blood on the bumper can be introduced in evidence, (Wardwell v Lewis, 417 US 583 (1974) if the car is parked in a place where the officer does not have the legal authority to enter, a warrant is required. Coolidge v New Hampshire, 403 U.S. 443 (1971)
True
What is Maryland v Macon, 472 U.S. 463 (1985)
Maryland v. Macon
472 U.S. 463 (1985)
The U.S. Supreme Court ruled that a detective entering an adult store, purchasing magazines, and then arresting the clerk for selling obscene material did not constitute an unlawful search and seizure under the Fourth Amendment.
True or false - 4th Amendment protection rights are dependent on property rights.
False - 4th Amendment protection rights are dependent upon the expectation of privacy
True or false - in New Hampshire, anyone charged with an offense in which POSSESSION is an element, has the automatic right to challenge the search.
True, for example, drug possession, illegal weapon possession, Possession of stolen vehicle.
Essentials - what is the exclusionary rule?
The exclusionary rule is designed to exclude evidence obtained in violation of a criminal defendant’s Fourth Amendment rights. The Fourth Amendment protects against unreasonable searches and seizures by law enforcement personnel. … The exclusionary rule is a court-made rule.
Essentials - what is the “good faith” exception to the exclusionary rule?
When a search is conducted with a good faith belief that it is a legal search, the evidence discovered may be admitted. See United States v. Leon, 468 U.S. 897 (1984).
