Does Exclusionary Rule apply? Flashcards
Good Faith exception
i) Leon: ER doesn’t apply when officers acts in good faith pursuant to an invalid (via hindsight) warrant Exception: when affidavit/warrant entirely unreas.; mag makes clear/intentional mistake
ii) Herring: To invoke ER police conduct must be sufficiently deliberate that ER can deter it, and sufficiently culpable that such deterrence is worth price paid by justice system.
(1) exception: reckless disregard/intentional = not all recordkeeping errors by police immune from ER
Standing
i) Katz REOP
(1) Rakas: passenger implicated by illegal s/s of a 3p’s belongings (car) doesn’t have 4A standing (No LEOP)
(a) Should have argued no probable cause for stop
(2) Rawlings: (stuffed Ev in purse) No REOP in area searched (Katz analysis)? Cannot claim right over purse
(3) Olson: overnight guest in 3p home can claim 4A protection since they have REOP
(4) Carter: guest who is merely present and has no REOP; visitor (not overnight) is not afforded 4A protection
FOPT:
i) Attenuation exception?
(1) (causality inquiry): when taint of illegal search has dissipated, ev cannot be suppressed
(a) Factors: intervening events; passage of time; voluntariness
(2) Wong Sun
FOPT:
ii) Inevitable discovery exception?
(1) discovered illegally, but would’ve been discovered legally (hypothetical independent source)
(2) Nix: (Christian Burial Speech Case)—Inevitable discovery even though nearest search crew was a couple miles away from body.
FOPT:
iii) Independent source exception?
(1) ind. legal source by which ev is obtained amidst an illegal search
(2) Murray: (Cops peek into warehouse w/o warrant; see drugs) Seek warrant for previously known facts; ind. source must be truly ind.
FOPT:
iv) “knock and announce” rule:
(1) Hudson: violation of “knock and announce” rule does not require suppression since social cost would far outweigh any public interest in police deterrence; only remedy is civil action under §1983
