Criminal Pro/Law

Question 1

K: 4th A.

Answer 1

The right of the people to be secure in their persons, houses, papers, and effects, against UNREASONABLE searches and seizure, shall NOT be violated, and no warrants shall issue, but upon PC supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Question 2

4th A: GENERAL

Answer 2

Limits the government’s ability to intrude upon, or to confiscate or detain, the physical person or the property of private citizens.

Question 3

4th A: DPC

Answer 3

SCOTUS began using the DPC of the 14th A as a vehicle to impose many requirements of the BOR upon state and municipal actions, including the 14th A’s protections re: criminal investigation and prosecution.

Question 4

Weeks v. US.

Answer 4

Established the EXCLUSIONARY RULE

Question 5

Exclusionary Rule: GENERAL

Answer 5

Provides that any physical E obtained in violation of the 14th A. is INADMISSIBLE at trial as against the criminal D whose 14th A. rights were violated, regardless whether it would otherwise be admissible under the general rule.
· Applies to state and local governments through the 14th A.

Question 6

Exclusionary Rule: GOVERNMENTAL

Answer 6

Public official or employee is acting in his or her capacity as such.

Question 7

4th A: Private, Non-Governmental Action

Answer 7

Inappliciable

Question 8

4th A: Government Action

Answer 8

Generally found where a private citizen acts under governmental compulsion, OR;
· at the DIRECTION OR COMMAND of a governmental officer or employee

Question 9

4th A: Government Action

Answer 9

Generally found where a private citizen acts under governmental compulsion, OR;
· at the DIRECTION OR COMMAND of a governmental officer or employee

Question 10

4th A: Government Action: IMPORTANT FACTORS

Answer 10

1. Degree of governmental participation, encouragement, knowledge, or acquiescence in the act; AND
2. The private individual’s motivation (whether the private individual was acting to further his own interests OR some interest of the government.

Question 11

4th A: Private Individual Acting for Private Reasons

Answer 11

Inapplicable.
· May be transformed into a public one if the government later commits an INDEPENDENT violation of the 4th A by performing an act that SIGNIFICANTLY exceeds the scope of the initial private “search” or “seizure.”