Court Cases
Ruled it is not reasonable to search an entire house incident to a lawful arrest of someone there.
Chimel v. California
The exclusionary rule should be modified to allow the admission of evidence seized in reasonable, good-faith reliance on a search warrant, even if the warrant was subsequently found to be defective. Came from U.S. v. Leon.
Exceptions to the exclusionary rule-
Action or conduct that is a constituent element of a crime, a physical component
Actus Reus
Fourth Amendment does not protect places; it protects people
Reasonable expectation of privacy doctrine
Homicide
Defense with perfect self-id when the defendant acted out of the honest and reasonable belief that the homicide was necessary for self-defense. The defendant will usually be required to prove that they did not initiate the violence and that they used an equal amount of force in responding to the aggressor.
Supreme Court ruled that detained criminal suspects must be informed of their constitutional right to an attorney and against self-incrimination.
Miranda v. Arizona
Four justices must vote to review a case for it to be accepted for review by the Court.
Rule of four
The facts and circumstances constituting a breach of law. The foundation or material substance of a crime. It could be used to mean the physical object upon which the crime was committed, such as a dead body or the charred remains of a house, or it might signify the act itself, that is, murder or Arson.
Corpus delicti
Legal doctrine that a "warrantless search of the area outside a property owner's curtilage" does not violate the Fourth Amendment to the United States Constitution.
Open field’s doctrine
Often called drunk and disorderly, it is a legal charge alleging that a person is visibly drunk or under the influence of drugs in public. It is usually a misdemeanor.
Public intoxication
Police may conduct a warrantless search of a vehicle stopped in traffic if there is probable cause to believe that the vehicle contains contraband or evidence
Carroll v. U.S.
Officers have to knock and announce that they're officers with a search warrant before they enter the places they're about to search
Knock and announce rule
The intent or knowledge of wrongdoing that constitutes part of a crime, the mental element.
Mens rea
The trespass doctrine states that in order for a search to qualify, an officer must physically invade the "constitutionally protected area." Persons and places named in the 4th Ammendment such as houses, papers and effects are the constitutionally protected areas.
Trespass doctrine
Fraudulent taking of personal property by someone to whom it was entrusted. It is most often associated with the misappropriation of money.
Embezzlement
The driver can be ordered out of a vehicle, without suspicion, on routine traffic stops
Pennsylvania v. Mimms
The Court ruled that the exclusionary rule, which prevents prosecutors from using evidence in court that was obtained by violating the Fourth Amendment to the U.S. Constitution applies to all States
Exclusionary rule
Latin phrase meaning wrong or evil itself. It is used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct.
Mala in se
A doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained.
Fruit of the Poisonous Tree
Is a text that was developed by the American Law Institute in 1962 and updated in 1981. The purpose was to stimulate and assist legislatures in making an effort to update and standardize the penal law of the United States of America.
Model Penal Code
The Court ruled that the exclusionary rule, which prevents prosecutors from using evidence in court that was obtained by violating the Fourth Amendment to the U.S. Constitution applies to all States
Weeks v. U.S
Focuses on whether a criminal defendant knew the nature of the crime or understood right from wrong at the time it was committed.
M’Naughten Rule
Is a legal doctrine stating that a high court should follow its own prior decision in future cases.
Stare decisis
Is a legal doctrine stating that a high court should follow its own prior decision in future cases.
Stare decisis
Accomplice liability
Faces the same degree of guilt and punishment as the individual who committed the crime. The key consideration is whether the individual intentionally and voluntarily encouraged or assisted in the commission of the crime or failed to prevent it.