This Amendment provides the right to be free from
unreasonable searches and seizures.
What is the 4th Amendment?
100
1968 US Supreme Court case that authorized an investigative street stop where the officer has
reasonable suspicion to believe a crime has occurred.
What is Terry v. Ohio?
100
Another name for the "fruit of the poisonous tree"
doctrine?
What is the Derivative Evidence Rule?
100
Filed by defendant who believes they have been aggrieved by either an unlawful search/seizure or an unlawfully obtained admission or confession.
What is a Motion to Suppress?
100
Conclusions may be drawn from facts.
What are inferences?
200
This Amendment provides the right to a speedy and
public trial.
What is the 6th Amendment?
200
The 1967 US Supreme Court case which held that 4th Amendment privacy would be evaluated using the reasonable expectation of privacy approach and would protect people not places.
What is Katz v. US?
200
An exception to the exclusionary rule where illegally
discovered evidence would certainly have been discovered
legally.
What is The Inevitable Discovery Rule?
200
The amount of force officers executing a search warrant may use when conducting a search.
What is Reasonable Force?
300
This amendment provides a defendant may or may not testify at his own criminal trial.
What is the 5th Amendment?
300
The rule set forth by this case requires the prosecution to disclose, upon request, evidence that is exculpatory,
meaning that which is favorable to the accused.
What is Brady v. Maryland?
300
An exception to the exclusionary rule where the taint from the improper conduct is dissipated over a significant
period of time after the improper conduct.
What is The Attenuation or Passage of Time Rule?
300
A recognized exception to the search warrant requirement that allows a law enforcement officer who legally arrests a person to conduct a search of that person contemporaneous with the arrest.
What is Search Incident to Arrest?
300
Approximately 85% of crime occurs with some form of this.
What is an Electronic Device?
400
This amendment provides for the right to have the
assistance of counsel.
What is 6th Amendment?
400
The US Supreme Court case that abandoned the rigid adherence to two pronged test for determining probable cause through the use of informants and instead moving to a totality of the circumstances test.
What is Illinois v. Gates?
400
Evidence that is tainted by a 4th Amendment violation is admissible if it is also obtained from a second proper source that had nothing to do with the underlying constitutional violation.
What is the Independent Source Doctrine?
400
Case which limited the search incident to arrest doctrine as it applies to motor vehicle searches to only the reaching distance of the arrested occupant and only when the officer reasonably believes that evidence relevant to the crime of arrest may be found in the vehicle.
What is Arizona v. Gant?
400
A conclusion or deduction that the law requires the trier of fact make in the absence of evidence to the contrary.
What is a presumption?
500
Two amendments which provide that both in Federal and
State court a defendant is entitles to a fair trial (due process).
What are the 5th and 14th Amendments?
500
The 1978 US Supreme Court case which held a defendant may challenge the veracity of an affidavit used by police to obtain a search warrant.
What is Franks v. Delaware?
500
An exception to the exclusionary rule where evidence will be allowed upon a showing that a police officer acted in reliance on a warrant they reasonably believed to be valid that was later determined to be invalid.
What is the Good Faith exception?
500
The level of proof required to show there is criminal activity and evidence or contraband of a crime in a particular place justifying the issuance of search warrant.
What is Probable Cause?
500
This is found in Article VI Section 2 of the Constiution and declares the Constitution as the "supreme law of the land".