Term
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Definition
| Held that D was entitled to the return of papers that were seized in a warrantless search of his home by a federal marshal, the effect being that the papers could not be used to prosecute the defendant. |
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Term
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Definition
| Stomach pumping case; “Shocked the conscience” of the court which led them to say that the states cannot profit from that activity (couldn’t use the result of the stomach pumping against D); offends concept of “ordered liberty”. Fifth amendment Due Process case. |
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Term
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Definition
| Court held that the violation of a state defendant’s right against unreasonable search required the SAME REMEDY as was mandated in federal prosecutions—i.e. the suppression of evidence through the exclusionary rule. 3 Part rationale: 1. necessary remedy for the individual 2. deter police misconduct 3. preserve judicial integrity. |
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Term
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Definition
| applied "good faith" exception to the exclusionary rule for warrants. When officers reasonably rely on a warrant issued by a detached and neutral magistrate, evidence that is obtained should be admissible in the prosecution’s case in chief. |
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Term
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Definition
- (1) Knowing or reckless falsehoods in the affidavit
- (2) A magistrate who doesn’t act like a neutral magistrate(becomes part of the prosecutorial scheme)
- (3) “Barebones” affidavits—described by the court as one that is “so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable”
- (4) Facially deficient warrants—those warrants that fail to particularize the place to be searched or the things to be seized in such a manner that the executing officers couldn’t reasonably presume it to be valid
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Term
| process to obtain a warrant |
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Definition
- 1.) Complaint—police activity (writes affidavit to show probable cause for warrant)
- 2.) Review by judge (looks for probable cause)
- 3.) Issuance of warrant
- 4.) Police execute warrant and obtain evidence
- 5.) Judicial review of complaint and warrant
- 6.) Different judge admits/excludes evidence
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Term
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Definition
| Court held that evidence need not be excluded when police violate the “knock and announce” rule |
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Term
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Definition
- Exclusionary rule applies ONLY if the act of the police goes beyond mere negligence
- Rule is only applied to DELIBERATE, RECKLESS or A SYSTEMIC PATTERN of negligent conduct
- focuses on deterrence
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Term
| what does the 4th amendment protect? |
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Definition
persons, houses, papers and effects against unreasonable searches and seizures by the government |
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