Ought EP Apply?
What is the purpose of exclusionary policy?
OBJECTIVE deterrence of unconstitutional police conduct
Who reviews a warrant application?
A neutral judicial officer
This person does not always have to be a judge.
Government questioning where the suspect (person seized) has the freedom to leave
What is the grand dicta of Mapp v. Ohio?
“ALL” evidence in violation of the 4th Amendment is inadmissible
What are the stages of Lamonica's exclusionary policy analysis?
• Unconstitutional Conduct
• Causation (with respect to evidence)
• Evidence
• Remedy
Define Outside Knowledge
“Hearsay”
Sources other than the affiant’s
personal knowledge
Say two examples of what an officer can say during a Pre-4th Amendment stop
Examples:
• “Hey, bud. What are you doing here?”
• “Can I help you?”
• “What’s your name?”
What does Illinois v. Gates establish?
The probable cause standard for warrants: “fair probability” that contraband or evidence of a crime will be found in a particular place.
What are the three situations and proceedings where the court has already decided that exclusionary policy does NOT apply?
• Habeas corpus proceedings
• Parole hearings
• Grand jury hearings
What type of process is the warrant process?
What is an ex parte process (one sided)
What are some considerations to establish that an arrest is reasonable?
Reasonableness dependent on the totality
of the circumstances.
Detentions and arrests
should be fairly routine, which helps establish it's reasonable.
Describe he facts of Franks v. Delaware.
What does Franks v. Delaware establish?
An affiant intentionally lied, saying he spoke directly with witnesses quoted in his application when he had not. Also, the witness
testimony was not accurately reported.
This case established the standard of review of an affiant's personal knowledge.
What are the three exceptions to exclusionary policy?
• Impeachment of Testifying
Defendant Exception
• Inevitable Discovery Exception
• Good Faith Exception
What two requirements must a warrant meet?
(1) Particularization — Specify:
The place to be searched
Things to be seized
Manner in which the officers
execute the warrant
(2) Reasonable Execution
What is the justification to search in a forcible stop? Is this justification automatic?
Justification to Search: Officer Protection; Right to reasonable protect yourself.
That’s it.
Automatic: NO! The officer protection concern must
me reasonable under the circumstances.
What does United States v. Robinson establish?
Search of the PERSON and their containers incidental to arrest requires no further justification (no warrant necessary)
Recite the 4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
What is the standard of review of a warrant's establishment of probable cause in federal court? in LA court?
Deference is made to the
magistrate in review; not a de
novo review of the probable
cause.
LA Courts have not decided
what to do if reviewal of
probable cause shows we
should not show deference
to the magistrate decision.
Define Forcible Stop & Arrest (and cite the cases these definitions come from)
Forcible Stop: Government questioning where an objective reasonable person would not feel they could walk away (Defined in Terry)
Arrest: Full-fledge seizure of the pers (Defined in Hodardi D)
What's the case Lamonica recommends we bring in the future?
Tired Law Students v. LexisNexis