Deck 1 Flashcards
What is the Exclusionary Rule?
The Exclusionary Rule is a rule that prohibits introduction of evidence obtained in violation of the defendant’s Fourth, Fifth, and Sixth Amendment rights.
What is meant by “fruit of the poisonous tree”?
The “Fruit of the Poisonous Tree” doctrine makes it possible for the exclusionary rule to not only exclude evidence obtained in violation of the Fourth,
Fifth, and Sixth Amendments, but also to exclude evidence obtained from exploitation of the unconstitutionally obtained evidence. In essence, it broadens the exclusionary rule so that the rule excludes more evidence than simply the illegally obtained evidence excluded by the exclusionary rule.
What are some instances in which the exclusionary rule will not apply?
First, the exclusionary rule is not applicable to grand juries, parole revocation hearings, and civil proceedings. Furthermore, even if the evidence was obtained in violation of the exclusionary rule, that evidence may still be used for some impeachment purposes at trial. Note also that as per the Inevitable Discovery Doctrine, evidence that would have been discovered if the police had not acted unconstitutionally is admissible, even if that evidence was obtained unconstitutionally.
What is a “seizure” as it relates to the 4th Amendment?
A seizure occurs when a reasonable person would believe that he is not free to leave or terminate an encounter with the government. This is an objective test (a reasonable person standard) rather than a subjective test.
Must the police have a warrant before arresting a suspect?
It is not necessary that the police have a warrant to conduct an arrest. Rather, the police must have probable cause, which is equivalent to trustworthy facts that would lead a reasonable person to believe that the suspect has committed the crime.
Is the standard for arrests the same as the standard for the police to stop a suspect and frisk a person?
The standards here are different. To stop a suspect, it is only necessary that the police have a reasonable suspicion of criminal activity supported by articulable
facts. Then, to frisk, the police must have reasonable suspicion that the suspect is armed and dangerous.
How is “standing” defined in regards to the 4th Amendment?
A person has standing to argue a 4th Amendment violation if she has a reasonable expectation of privacy with respect to the place searched, or the item
seized. On the UBE, you can assume that a person has a reasonable expectation of privacy if she owned or had a right to possession of the place searched, the place searched was her home, even if not owned and without a right of possession, or if she was an overnight guest in the place searched.
Are there specific objects or places of which one will be deemed not to have a reasonable expectation of privacy?
One has no reasonable expectation of privacy in the following: the sound of one’s voice; one’s
handwriting; paint on the outside of one’s vehicle; account records held by a bank; areas outside the home (for example, the front yard); garbage left for collection; land visible from a public place; and the smell of one’s luggage or car.
What must the police present to the magistrate in order to obtain a warrant to search for evidence or seize evidence?
Warrants are issued if there is probable cause to believe that evidence will be found on the person or premises at the time the warrant is executed. An affidavit is submitted by the police to the magistrate setting forth circumstances allowing the magistrate to determine if this standard has been satisfied.
If the affidavit is based on information obtained by an informant, will that in itself invalidate the affidavit if the informant’s credibility is questioned?
An affidavit can be sufficient even though the informant’s credibility is questioned, provided that the totality of the circumstances indicate that the affidavit presents reliable and credible information. In addition, there is no requirement that the informant’s identity be revealed.
While executing a search warrant, can the police search others who are at the place specified in the warrant?
Though the police are free to detain occupants of the premises while executing their search, they cannot search those not named in the warrant unless a
proper basis for the search exists.
What are the requirements for a search incident to a lawful arrest?
A search incident to a lawful arrest is an exception to the warrant requirement. For it to be valid, the search must take place contemporaneously with a valid arrest. The search need not be simultaneous with the arrest, however. The police can, for example, search a suspect’s car (the interior) after securing that suspect in a squad car. The search is generally limited to the person and any areas into which the person might each to obtain a weapon or to destroy evidence. Note that this exception also allows the police to make a protective sweep if they believe other suspects might be present.
How does the Automobile Exception differ from a Search Incident to a Lawful Arrest?
For the automobile exception to apply, the police must have probable cause to believe that the automobile contains evidence of a crime. The police may search
the entire vehicle (rather than only those areas into which the suspect may reach), but they are limited to searching only areas that may reasonably contain the
evidence they believe to be present. The police can also tow the vehicle to the police station for a later search.
What is meant by “plain view”?
The police can make a warrantless seizure when they are legitimately on the premises, discover evidence of a crime, see the evidence in plain view, and have probable cause to believe that the item is evidence of a crime. This exception prevents the police from having to go obtain another warrant for the new evidence while they are executing a warrant for other evidence.
Who may consent to a warrantless search?
First, consent must be voluntary and intelligent. Apparent authority is the key here. Any person with the apparent authority to use or occupy the property may
consent to a search, and any evidence found may be used against the other owners or occupants. If a co-occupant is present and objects to the search, the consent of other co-tenants is invalidated.