Kaplan Pgs 366-371 Intro Flashcards
At their core, what are the fourth, fifth, and sixth amendments?
– fourth: protects the people and their papers, houses, and effects from unreasonable searches and seizures. Requires particularized warrants supported by probable cause
– fifth: no person can be denied their life, liberty, or property without due process of law. Includes a privilege against self-incrimination
– sixth: in all criminal prosecutions the accused has a right to counsel
What are the three exceptions to the fourth amendment exclusionary rule?
– independent evidence
– inevitable discovery
– attenuation
These exceptions also apply to violations of the fifth and sixth amendments
How do you determine if a person has standing to raise a fourth amendment claim?
That person had to have a legitimate expectation of privacy in the invaded place, and have been personally the victim of the police as unreasonable conduct
Is the fruit of the poisonous tree doctrine applicable to Miranda violations?
No
If a criminal defendant is lawfully arrested but not read her Miranda warnings, and then subjected to custodial interrogation, where she confesses and tells the police where to find drugs, what happens with this?
- the confession is inadmissible under Miranda
– but the drugs that have been seized are admissible because their seizure is subject to Miranda and not a fourth amendment analysis
The exclusionary rule only precludes the use of suppressed evidence in the prosecution’s case in chief, and does not apply to what situation?
The use of evidence for impeachment
Under the good faith exception to the exclusionary rule, evidence that was gotten according to an invalid warrant will not be excluded if what?
A reasonably well trained officer would have believed that the warrant was valid. This considers:
– if the police were acting on good faith reliance of a facially valid warrant
– if the police were acting in reliance on a valid statute
– if the police were acting in reliance on a court official rather than a police officer
When does the good faith exception to the exclusionary rule not apply?
– if police lie or mislead the court and getting a warrant
– if a magistrate is not neutral or detached
– if no reasonable police officer would have believed the warrant was valid
Has a good faith exception to the exclusionary rule been extended to police negligence?
Yes, as long as it was isolated and attenuated from the arrest. But the good faith exception doesn’t apply for evidence that comes from gross or systemic negligence.
Does the exclusionary rule extend to grand jury proceedings?
No
Can a grand jury indictment be based on illegally obtained evidence or hearsay evidence?
Yes
Does the exclusionary rule apply to deportation and parole revocation hearings?
No
What is the harmless error rule?
Admission of illegally obtained evidence is reversible error unless the error is harmless. In which case the government must prove beyond a reasonable doubt that the error did not contribute to the conviction, or essentially that the government still would have gotten a conviction without the error
