Fourth Ammendment Flashcards
Exceptions to the Exclusionary Rule
Exceptions: no standing to object, impeachment, good faith, foreign searches
Identify the origin, purpose, and scope of the exclusionary rule.
Developed by the Supreme Court. Evidence obtained as a result of an unlawful search and/or seizure is in admissible in criminal trials. Purpose of removing the incentive for LE officers to search and seize unlawfully.
Identify when law enforcement officers may or may not use race to justify stops or arrests in accordance with Department of Justice Guidelines.
Routine/spontaneous activities in domestic LE - may use race and ethnicity in a specific suspect description
Federal law enforcement officers may consider race and ethnicity only to the extent that there is trustworthy information, relevant to the locality or time frame, which links persons of a particular race or ethnicity to an identified criminal incident, scheme, or organization. This standard applies even where the use of race or ethnicity might otherwise by lawful.
Identify when probable cause exists to the extent that an arrest or search may be justified
Probable cause to “search” exists where the known facts and circumstances are sufficient to warrant a man of reasonable prudence in the belief that contraband or evidence of a crime will be found in the place to be searched. Probable cause to “arrest” exists when the known facts and circumstances are sufficient to warrant a prudent person in believing that the suspect had committed or was committing an offense.
