FOURTH AMENDMENT REMEDIES

Question 1

Fourth Amendment Remedies

Answer 1

Violation of 4th amendment doesn’t automatically result in exclusion of evidence

Exclusion requires that:

1. Unreasonable search or seizure triggers the remedy of exclusion
2. Defendant has standing
3. facts do not support applying an exception to the exclusionary rule

Question 2

Fourth Amendment Standing

Answer 2

Defendant must show that the unreasonable search or seizure violated the defendant’s personal constitutional rights

Defendant may not vicariously asset someone else’s rights. A court will only exclude illegally obtained evidence if the illegality violated the defendant’s rights

Question 3

Standing to invoke exclusionary rule

Answer 3

Defendant has an ownership or possessory interest in the place searched or item seized

Question 4

Exclusionary Rule

Answer 4

A defendant with standing to invoke the exclusionary rule does so to prohibit the government from introducing evidence obtained as a direct or derivative result of an unreasonable search or seizure.

Question 5

Fruit of the Poisonous Tree

Answer 5

Any evidence discovered through the initial illegality (including oral statements and physical objects) falls within the scope of the exclusionary rule. The constitutional violation taints the fruit

If there is a “but for” connection to the illegal conduct than the evidence “grew” out of that poison tree. Evidence linked to a poisonous tree is inadmissible unless it falls into an exception:

Question 6

Exception to the Poisonous Tree doctrine

Answer 6

1. Independent Source
2. Inevitable Discovery
3. Attenuation
4. Impeachment

Question 7

Law enforcement Good-Faith exception

Answer 7

When police rely in good faith on a reliable warrant that is later deemed to be invalid, the evidence they obtain is still admissible

No exclusion will occur where there is negligent police error that is attenuated from the point of arrest

Does not apply where:

1. Reasonable officer should have known not to rely on warrant
2. Warrant is do facially defective that no reasonable officer would rely on it
3. Reasonable officer would know that the magistrate was not neutral or detached
4. Support affidavit is completely lacking in probable cause