Remedy Overview
What is the exclusionary rule?
Evidence derived from a constitutional violation must be suppressed.
Why was the evidence not suppressed for all three defendants in Wong Sun?
the evidence did not directly derive from a violation of their rights
Does the fruit of the poisonous tree doctrine apply to Miranda violations.
No. The statement is inadmissible, but the evidence derived from the statement is admissible.
What is the definition of a search and a seizure?
Search:
1. Trespass on a constitutionally protected area (Jones)
2. Subjective and objective reasonable expectation of privacy (Katz)
Seizure
1. Physical force, or
2. Submission to the assertion of authority (Hodari D.)
What are the two requirements for 5A violation?
1. Coercive state action
2. testimonial or communicative statements
What did the court hold in Weeks?
the exclusionary rule is required in federal courts.
Why did the defendants in Minnesota v. Carter not have standing?
The search that occurred did not violate their rights because they had no legitimate expectation of privacy.
- not overnight guests
- present for a business transaction
- in the home for a matter of hours
- no previous relationships with the homeowner
What is the cost benefit analysis?
The exclusionary rule is applicable where its deterrence benefits outweigh its substantial social cost (Hudson v. Michigan).
What type of test do the courts apply when analyzing special needs cases?
Balancing test-- the government interests against privacy rights (intrusion).
Some factors
- duration
- level of intrusion
- surprise
- effectiveness
What are the requirements for a 6A violation
1. commencement of adversary proceedings
2. critical stage-- deliberately elicit incriminating statements (subjective test)
What did the court hold in Mapp?
The exclusionary rule is required in federal and state courts.
What did the court hold in Minnesota v. Olson?
overnight guests have a reasonable expectation of privacy even though it is not “their home.”
What is the main factor to analyze when determining deterrence?
Flagrant police conduct-- The exclusionary rule serves to deter deliberate, reckless, or grossly negligent conduct, or in some circumstances recurring or systemic negligence. (Herring).
Who has the capacity to consent to a search of a home?
1. owner
2. the joint occupant of a residence
3. someone with apparent authority
When must Miranda be administered?
1. Custody
2. Subject to express questioning or its functional equivalent (objective test)
What are two things you must analyze to determine if the exclusionary rule should apply?
1. Standing
2. Cost benefit analysis
What did the court hold in Byrd v. United States?
The driver of a rental car can have a reasonable expectation of privacy in it even if he is not named as an authorized driver on the rental agreement.
What is the effect of good faith on the exclusionary rule?
The absence of flagrant police conduct makes the deterrence benefits small-- balances more in favor of the state.
Define "the stop and frisk have to be valid in their inception and in their scope" under Terry.
Inception
Stop: Reasonable suspicion that the individual is committing, about to commit, or has committed a crime (Terry).
Frisk: Reasonable suspicion to believe the individual is armed and dangerous (Terry).
Scope
Stop: A police stop cannot exceed the time needed to handle the matter for which the stop was made (Rodriguez).
Frisk: The frisk authorized by Terry may only be as broad as its rationale, the safety of officers (Minnesota v. Dickerson).
What are two exceptions to administering Miranda prior to custodial interrogation that we learned about?
1. Public safety (Quarles)
2. Undercover agent/ informant (Perkins)
What were the two holdings from Silverthorne Lumber Co.?
1. the fruit of the poisonous tree
2. independent source doctrine
What are the two ways an individual can have standing to prove a 4A violation?
Rakas v. Illinois
1. Property interest- owner
2. Possessory interest-- in control/ reasonable expectation of privacy
What are the three attenuation factors from Utah v. Strieff?
1. Temporal proximity between the unconstitutional conduct and the discovery of evidence.
2. The presence of intervening circumstances.
3. The purpose and flagrancy of the official misconduct.
List all the doctrine applicable when considering the reasonableness of an automobile search or seizure.
1. Automobile exception
2. Containers in cars
3. Search incident to arrest
4. Inventory searches
5. Terry
6. Consent
7. Exigency
8. Special needs searches
When can police resume questioning after a suspect has invoked their right to remain silent or their right to counsel?
1. After the police have scrupulously honored that right (Michigan v. Mosley).
2. 14 days, provide counsel, or the defendant chooses to initiate communication with the police (Edwards; Shatzer).