Fourth Amendment -- Exclusionary Rule / Standing Flashcards
What is the Exclusionary Rule (“ER”)?
The ER states that evidence obtained in violation of a person’s constitutional rights will be excluded from trial.
What is the procedure for applying the ER?
Step 1. Judge decides whether the evidence is admissible.
Step 2. Defendant raises motion to suppress.
Step 3. Prosecution has burden of proof by a preponderance of the evidence. c
What are the exceptions to the ER?
If:
- the evidence too far attenuated from the taint, was obtained via an independent source, or the evidence would have been inevitably discovered;
- the evidence was obtained in good faith [reasonable objective mistake];
- eye-witness;
- K&A [its okay to violate this]; or
- the evidence can be used for impeachment regardless of the ER [not allowed for case in chief though].
Does the ER apply to mistakes?
No, the ER only applies to deliberate or reckless violations of the 4 A or those that are the result of systematic gov’t policies.
Who has standing to assert the ER?
In order to assert the ER your personal rights must be invaded by an illegal search.
Can passengers of a car assert the ER when the car is being searched?
In Rakas v. Illinois, the Ds were passengers of car that was pulled over b/c it matched description of getaway car. Car was searched and the found rifle and casing. Ds convicted of armed robbery. Ds admitted they did not own car nor the gun or gun cases.
HOLDING: No ER because no 4 A violation, there is no EXPECTATION OF PRIVACY IN SOMEONE ELSES CAR.
Can a defendant assert the ER, when the gov’t obtains evidence from his banker?
in U.S. v. Payner, D is target of investigation, D goes to dinner with banker, banker staying in hotel room.
Os go into B’s hotel room, no warrant, exception, nada and find evidence against D.
Holding: D lacked standing to assert ER because can’t have REP in someone else’s luggage.
Do visitors have REP?
A defendant has a REP when spending the night at his girlfriend’s house.
Ds do not have REP when making drugs at an apartment they ended for a short period of time for temporary BUSINESS PURPOSES.
Can passengers of a car assert the ER when the car is being seized?
Yes, passengers are seized during traffic stop so they have standing to assert ER alleging the stop was unconstitutional.
Can the ER apply when a ‘bad’ warrant is issued?
No, so long as the Os acted in good faith on the warrant the evidence they obtained even though the warrant later turned out to be valid is not tainted.
If police’s constitutional violation results in them discovering a live witness, is the witness’s testimony suppressed as FOPT?
No, the live witnesses testimony still gets to come in.
