Fourth Amendment

Question 1

Warrants and reasonableness

Answer 1

Warrant creates a presumption of reasonableness. Can rebut presumption by proving: bad PC, magistrate not neutral/detached, bad warrant

Question 2

Evaluating informants

Answer 2

Veracity, basis of knowledge, and corroborated accuracy

Question 3

Reasonable suspicion

Answer 3

Articulable information that suspect is about to/has engaged in criminal activity

Question 4

Exceptions to warrant requirement

Answer 4

SPACES - Search incident to lawful arrest, Plain view, Auto exception, Consent, Exigent Circumstances, Stop and Frisk

Question 5

Plain view

Answer 5

Lawful vantage point, Immediately apparent to be contraband, lawful seizure

Question 6

Elements of exclusionary rule

Answer 6

Unreasonable search or seizure, defendant has standing, doesn’t fall into exception (independent source, inevitable discovery, attenuation)