Independent Source and Inevitable Discovery

Question 1

Murray v. United States

Answer 1

(bales of marijuana found in warehouse after unlawful entry, then got a warrant).

Question 2

Independent source doctrine

Answer 2

so long as a later lawful seizure is generally independent of an earlier, tainted one may be admissible.

extra burden (I really did have independent PC).

Question 3

Wong Sun v. United States

Answer 3

inevitable discovery? although evidence obtained through illegal police conduct must be excluded at trial as it is “fruit of the poisonous tree” the connection b/w the illegal police conduct and a relevant piece of evidence can become so attenuated as to dissipate the taint, and such evidence may then be admissible.

Factors - p. 520

Question 4

United States v. Leon

Answer 4

evidence obtained in reasonable, good faith reliance on a facially valid S/W is not subject to the 4th Amendment’s exclusionary rule, even if the warrant is later deemed defective.

good faith exception

Question 5

Utah v. Strieff

Answer 5

p. 521

Question 6

Does the knock and announce rule require suppression of all evidence found in the search?

Answer 6

No. (so long as there is good faith) Hudson v. Michigan

Question 7

At common law (Wilson v. AK)

Answer 7

law enforcement officers must announce their presence and provide residents an opportunity to open the door is ancient.

Question 8

Weeks v. U.S.

Answer 8

Fed. exclusionary rule adopted for evidence unlawfully seized.

Question 9

Herring v. U.S.

Answer 9

contraband found during search incident to arrest when officer reasonably believes there is an arrest warrant (error).
- jury not barred from considering all evidence.

Question 10

Davis v. United STates

Answer 10

when the police conduct a search in objectively reasonable reliance on binding appellate precedent, the exclusionary rule does not apply.