Section 4.3 Flashcards
If the police mess up and violate your 4th amendment rights the evidence cannot be used in court based on what rule?
Exclusionary rule
If the police violate my rights and search my backpack and find drugs they violated my fourth amendment rights according to the exclusionary rule because they did not have consent or a warrant. Because of this what happens?
The drugs are no longer admissible in court
Court case dealing with incorporation
Mapp v Ohio 1961
If the police violate your rights to get one piece of evidence and then because of that piece of evidence they find another piece of evidence. What does this refer to?
fruit of the poisonous tree
After Weeks vs US for example if the police violate your rights and search a backpack but while searching they find a stolen key. the backpack would be tossed but would the stolen key would have still been admissible. true or False
True
Until 1961 the fruit of the poisonous tree and the exclusionary rule only applied to who?
Federal
The federal fourth amendment did not apply until what court case?
Mapp v Ohio
The 14th amendment deals with what
due process
There are a few exceptions to the exclusionary rule. One is inevitable discovery. What court case determined this?
Nix v Williams 1984
The police were going to find it anyway.
Inevitable Discovery
On the way to jail after a guy had murdered a girl and buried her in a field the officer in a way persuaded the guy to give the evidence without his lawyer present and this was a violation of his rights. However, the location he took the officer to for the body the police were already looking and this only speeds up the search. This was considered what ?
Inevitable Discovery
Good Fatih. What court case?
US vs Leon
the police apply for a warrant and they did everything right. the magistrate messed up. the police served the warrant in good faith and the Supreme Court ruled that as long it was not the fault of the police the exclusionary rule would not be invoked. True or False
True
As long as the police are acting in good faith things can be introduced at trial even after your rights were violated. True or False
True
Usually with a crime scene there is no expectation of privacy so do we need to worry about warrants or an exception to the warrant requirement?
no
Do not touch anything until you are ready to and make sure every single person at the crime scene is supposed to be there!
TRUTH
What is the biggest way to screw up a crime scene?
let people in who are not supposed to be in the crime scene
Hairs, fibers bullet casings, dropped weapon, money, blood stains, and a lot of different stuff. These are all examples of what?
Physical Evidence
Is it sometimes better to send two people to search for physical evidence?
YES
Whatever the shape of the space you are searching is you need to find a good pattern to search the area to be sure that you do not miss anything. True or False
True
If you have a reason to detain the driver that gives you a reason to detain the occupants. What case?
Michigan v Summers 1981
Do you need individual probable cause to detain each person or if you have probable cause can you detain them all? (Maybe not true for arrest)
You can detain them all if you have probable cause for one person
Vehicle Modifications are something you need to look for. Make sure to not miss anything that is not standard. True or False
True
What case says that dog sniffs are not a search?
Illinois V Caballes 2005
Can a dog alert provide probable cause to search a vehicle ?
Yes
Example, if a police pulls someone over and they get the dog out and it sniffs around the outside of the car and signals that it smells drugs can that be probable cause for the officers to search the car?
Yes
What case says that a dog alert provides probable cause to search a vehicle?
Florida v Harris 2013
What court case has to do with Thermal Imaging?
Kyllo v US 2001
Growing marijuana inside a home would put off a lot of heat and the thermal imaging would let them know. the officers used this to get a warrant and the Supreme Court said that it was not allowed because what?
It was expanding your perceptions well beyond plain view.
A thermal imaging system is not commonly available to everyone and therefore it is no longer _____ ______.
Plain view
Binoculars are okay. Thermal imaging is not because it is not something that is readily available to everyone. true or false
True
What case deals with GPS?
UK v Jones 2012
Police attached a GPS to a car and used it to track them but it was ruled unconstitutional for a few reasons with one being
When the person changed from public to private roads it was an invasion of privacy