Exclusionary Rule
This rule prevents the government from using evidence obtained in violation of the constitution.
What is the exclusionary rule?
A fourth amendment search occurs when the government violates this protected interest
what is a reasonable expectation of privacy?
whether a defendant van challenge the legality of a search or seizure
what is standing?
Police may seize evidence without a warrant if they are lawfully present and its criminal nature is obvious.
What is the plain view doctrine?
NY rejects this federal exception to the exclusionary rule
what is the good-faith exception?
The exclusionary rule exists primarily to serve this purpose.
What is deterring police misconduct?
what is a subjective expectation of privacy and one society recognizes as reasonable?
society expects at least as much privacy in a place where they spend the night
what is an overnight guest?
Vehicles may be searched without a warrant if officers have this.
What is probable cause?
under NY law, a dog sniff is classified as this
What is a search?
The exclusionary rule is best described as this type of legal doctrine.
what is a judicially created remedy, not a personal constitutional right?
physical intrusion into a constitutionally protected area to obtain information constitutes this
what is a search?
A passenger usually lacks standing to challenge this
what is the search of a vehicle they do not own or have control of?
Emergency situations allowing immediate action justify this exception.
What are exigent circumstances?
NY provides automatic standing for these offenses
what are possessory crimes?
Illegally obtained evidence, and evidence derived from it, is generally treated this way
what is suppression?
sense-enhancing technology used to obtain details of a home not otherwise obtainable constitutes this.
what is a search requiring a warrant?
In NY a passenger has this if there are guns or drugs in the car
What is standing?
After a lawful arrest, police may search the person and areas within immediate reach under this doctrine.
What is search incident to a lawful arrest?
NY does not permit warrantless trepass into property when owners show privacy efforts under this doctrine.
What is the open fields doctrine?
courts apply this balancing test when deciding whether to suppress evidence
What is a cost-benefit analysis weighing. deterrence against societal costs?
When a suspect shares information with 3rd parties they lose control of information.
What is the third party doctrine?
NO standing if staying short period fleeting or commercial guests.
What is a visiting guest?
police must obtain a warrant before searching this item even after arrest.
Cell phone
What is basis of knowledge and reliability?