The 4th Amendment/The fruit of the Poisonous Tree Doctrine
What is the purpose of the 4th Amendment?
protects people from unreasonable searches and seizures by the government
What is a exclusionary rule?
prevents the government from using evidence in trial which was derived from an illegal search, seizure, arrest, or interrogation.
what is the purpose of a protective search?
to protect the safety of police officers or others.
what is a emergency search?
Emergency Searches are searches conducted by the police without a warrant
what did yahir get charged for?
driving without a license
What is a warrant?
a writ signed by a judge authorizing a law enforcement officer to conduct a search on a certain person, a place, or an automobile for criminal evidence.
What was the first landmark case concerning search and seizure?
Weeks V. U.S.
what arresting officers may search....
the defendant , the physical area within easy reach of the defendant
If a police officer has a emergency search on a suspect does he need a warrant?
no
throughout Mr. V's fasting what did he only drink...?
black coffee and water
what is the fruit of the poisonous tree doctrine?
A legal principle that declines any illegal search or seizures and illegally obtained evidence in court.
What year was the case of Weeks V. U.S. ?
1914
valid reasons for conducting a search...
They protect arresting officers
Prevents evidence from being destroyed
Keeps the defendant from escaping
why is a emergency search important?
to prevent those who are in danger life, danger escape
is yahir benched?
yes
who signs a warrant?
a judge
based on the 4th amendment, the exclusionary rule holds....
that evidence of an offense that is collected or obtained by the law enforcement .
what is a warrant less search?
Warrantless searches are an examination by a police of a person, place, or thing without a written judicial order authorizing that activity
if melany is a criminal making problems around her area.... and a cop goes up to melany for a search ... does he need a warrant?
no.
B's what...?
DOWN
what case was concerning the fruit of poisonous?
Silverthorne Lumber Co. v. U.S. (1920).
What two cases exceptions of the exclusionary rule?
U.S. v. Leon (1914)
Illinois v. Krull (1987)
Can a officer get in trouble for searching someone for no reason?
yes
what cases are concerning with emergency search?
Case of Bridgham City v. Stuart
Case of Maryland v. Buie
did Mr. V complete his week fasting?
almost (no)