Seizure
The taking of property or restraint of person is a
seizure
1) threats to suspects safety or health
2) exigency of intrusion
3) community interest in determination of guilt
This is the test for what?
Surgery
Remedy for the 4th, prohibits the use of evidence obtained in violation of the 4th
The exclusionary rule
Prosecution must show by a preponderance of the evidence that discovery was bound to happen by lawful means is the test for which exception?
Inevitable Discovery
Mendenhall
Would a reasonable person feel free to leave?
This is allowed during the booking stage with a legitimate state interest
DNA swab
What is the doctrine that extents the exclusionary rule to secondary evidence derived from the initial illegal police conduct?
Fruit of the poisonous tree
1)Temoral Proximity
2) intervening circumstances
3) purpose and flagrancy of the misconduct
Is the test for which exception?
attenuation
Hodari D.
show of authority become a seizure only upon submission or actual police control
There is no exigency for this when it comes to alcohol
Blood draw
Which exception allows evidence obtained through unlawful police conduct to be admitted at trial if it was latter aquired through a separate lawful and independant investigation?
Independent source
Which exception is not granted if even one of these is true?
1) knowingly or recklessly misled the magistrate
2) magistrate abandoned judicial role
3) the warrant lacked PC making it unreasonable
4) warrant is facially deficient
Good faith
Torres v. Madrid
physical force with intent to restrain is a seizure
1) gov interest beyond ordinary law enforcement is substantial and immediate
2) the diminished privacy expectations of affected employees
3) intrusiveness of the testing method
this is the balancing test for what?
Drug testing
Which exception allows evidence to be admitted if law enforcement acted with objective, reasonable belief that the actions were lawful?
Good faith
This test is the test for what exception?
1) the decision to seek the warrant is unrelated to the prior illegal act
2) information obtained from illegal act was not presented to the magistrate
Independent source
Which exception allows illegally obtained evidence to be admissible if the connection between the unlawful conduct and the discovery is week?
Attenuation