Exclusionary Rule
What is the exclusionary rule?
a rule that excludes evidence from a criminal proceeding that was obtained in violation of a person's constitutional rights
What is the Katz Test?
(1) person must have a subjective expectation of privacy (Subjective)
(2) the expectation must be one that society is prepared to recognize as reasonable (objective)
Who can assert a violation of 4th amendment rights?
ONLY the person who's 4th amendment rights were violated!
What are the 2 types of probable cause?
What are the two parts of a warrant?
Affadavit and Warrant
What is the significance of Mapp v. Ohio?
Overruled Wolf v. Colorado, applied the exclusionary rule to the states!
Do you have an expectation of privacy in information you voluntarily disclose to a third party?
No. This is the third-party doctrine.
Can a passenger contest the search of a car?
No. A mere passenger without more has no standing to contest the search of a car.
What do you need for PC to arrest?
PC that a crime was committed
PC to believe that a particular person(s) committed it
What is the purpose of obtaining a warrant?
A barrier between the government and the individual. To limit the discretion of the police
What is the Good Faith exception to the Exclusionary rule?
If the police were acting in good faith, the evidence is not going to be excluded
Is a dog sniff a search?
Supreme court says no! A dog sniff only indicates the presence or absence of something and it is not considered a search for 4th amendment purposes.
Does a passenger have standing to contest a car STOP?
Yes! Under Brendlin, if police restrain your movement by intentional action, its a seizure. Seizures have to be reasonable under the 4th amendment.
What do you need for PC to Search/Seize?
PC that a crime was committed and
PC to believe that particular evidence will be in a particular place
What is the Plain View Doctrine?
An exception to the warrant requirement allowing the warrantless seizure of items if (1) it is immediately apparent that there is PC to believe an item is evidence of a crime, without the need for touching or further investigation,
and (2) law enforcement officers are lawfully in a position to see and obtain the item.
Name the New York Distinction
What is the New York rule for a dog sniff?
Can't sniff for no reason, need to have a founded suspicion of criminality. A dog sniff IS a search
Does a social guest have standing in someone else's home?
No (Minnesota v. Carter)
What is staleness?
the information supporting probable cause is too old and there is no longer probable cause to believe evidence will be in a particular place
Does the neutral and detached magistrate have to be a lawyer?
no, only needs to be capable of making the probable cause determination
Name 4 Exceptions to the Exclusionary Rule
Judges Mistake, Legislature's Mistake, Court Employee's mistake, private searches, agency regulations, grand jury proceedings, parole revocation proceedings
What is the trespass plus test?
From the Jones case. a trespass PLUS an intent to get information.
What type of guest in someone else's home has standing?
an overnight guest!
What is the Gates test? How is it different from Aguilar-Spinelli?
Gates: totality of the circumstances
A-S: two prongs
-credibility and basis of knowledge
Can you get a warrant to search an area before the evidence gets there?
Yes - Anticipatory warrant