Vindicating Constitutional Violations (4th Amendment) Flashcards
Rakas v. Illinois
If the person doesn’t have Fourth Amendment rights, then the argument gets rejected because this is not a proper person to raise the issue (car search, non-owner objects)
Minnesota v. Carter
Unless person has a legitimate expectation of privacy there is not a Fourth Amendment violation
Mapp v. Ohio
Exclusionary rule applies to the states- Is there a Fourth Amendment violation? If there is what do we exclude? Fruit from the poisonous tree.
Weeks v. United States
Secured the people, their persons, houses, papers and effects against all unreasonable searches and seized under the guise of law
Silverthorne Lumber Co v. United States
- Does it meet the basis Fifth Amendment requirement?
- If Miranda is applicable, was it obtained in violation/compliance of Miranda?
- Regardless, of the answer to the first two questions, is the statement the fruit of the poisonous tree, of a Fourth Amendment violation?
United States v. Calandra
Fourth Amendment’s exclusionary rule is to deter- to compel respect for the constitutional guaranty in the only effective available way- by removing the incentive to disregard it
Arizona v. Evans
No specific provision in the Fourth Amendment precluding the use of evidence obtained in violation of its commands
United States v. Leon
Reasonable reliance upon an otherwise invalid search warrant does not render evidence obtained during the search inadmissible
Franks v. Delaware
Deference accorded to a magistrate’s finding of probable cause does not preclude inquiry into the knowing or reckless falsity of the affidavit on which that determination was based
Herring v. United States
Still operate as if, absence some specific case or specific exception there will be exclusion when there is a fourth amendment violation
Wong Sun v. United States
Person whose rights were violated can object to their rights being violated- but no one else can object, Fourth Amendment rights are individual
Segura v. United States
Exclusionary rule reaches not only primary evidence obtained as a direct result of an illegal search or seizure, but also evidence later discovered and found to be derivative of an illegality or fruit of the poisonous tree
Nix v. Williams
Evidence is allowed if ultimately or inevitably have been discovered even if no violation of any constitutional provision had taken place
United States v. Ceccolini
Cannot be decided on the basis of causation in the logical sense alone, but necessarily includes other elements as well
(but-for test is not the standard)
