Term
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Definition
| The remedy whereby somebody who has been the subject of an illegal search can have the product of that serach excluded. |
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Term
| Limitations of exclusion: |
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Definition
Government Condones Phony/Rotten Cops/Felons/Swindlers/GadFlies
1) Does not apply to conduct of Grand juries
2) Is not an available remedy in Civil proceedings
3) Is not an available remedy in Parole Revocation
4) In order to qualify for exclusion, the search must violate the constitution or a Federal Statute
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Term
| Good faith defense available when: |
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Definition
JO SO everywhere, DSW not in NY
1) Police rely in good faith on a judicial opinion later changed by another opinion
2) Police rely in good faith on a statute or ordinance later declared to be unconstitutional
3) Police rely in good faith on a defective search warrant (not in NY) |
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Term
| NY distinction to good faith defense: |
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Definition
| NY does not recognize good faith reliance on defective search warrant. |
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Term
| Illegally seized evidence IS admissible to: |
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Definition
| Impeach the credibility of THE D'S trial testimony (not other D witnesses). |
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Term
| Fruit of the poisonous tree doctrine: |
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Definition
| All evidence derived from the unlawful police action is excludable. |
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Term
| Ways the governement can break the "fruit of the poisonous tree" chain: |
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Definition
Three breaks "IN" the chain:
1)INdependent source
2)INevitable discovery
3)INtervening acts of the D
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Term
| Fruit of the poisonous tree doctrine does not apply when the government illegality was: |
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Definition
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Term
| An arrest warrant is not required when: |
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Definition
| Arresting someone in a public place. |
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Term
| An arrest warrant is required when: |
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Definition
| Making a non-emergency arrest of an individual in his own home. |
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Term
| Requirements for station house detention: |
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Definition
| The police need proable cause to compel you to come to the police station for interrogation or fingerprinting. |
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Term
| NY: Requirements for "request for information:" |
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Definition
Cannot be on a "whim or caprice."
Note: if individual runs away, this does not give probable cause to arrest. |
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Term
| NY: Requirements for "common law right to inquire:" |
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Definition
Police must have "founded suspicion."
1) Police can ask questions
2) If individual gives explanations, must release him |
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Term
| NY: Requirements for "stop and frisk" and "gunpoint stops:" |
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Definition
| Police need reasonable suspicion that criminal activity is occuring. |
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Term
| NY: Requirements for "full arrest:" |
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Definition
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Term
| Four-step search and seizure analysis: |
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Definition
1) Does person have a 4A right at all?
2) Did police have a warrant?
3) If yes, was it valid?
4) If no, is an exception to the warrant requirement available? |
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Term
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Definition
1) There is governmental conduct
2) Person has a reasonable expectation of privacy |
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Term
| Governmental conduct for 4A purposes requires activity by: |
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Definition
1) Publicly paid police, on- or off-duty
, or
2) Any private individual acting at the direction of public police.
3) Privately paid police are not government conduct unless deputized with the power to arrest. |
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Term
| A person has no reasonable expectation of privacy with regard to a search if they do not have: |
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Definition
| Standing to object to the search. |
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Term
| The automatic categories of people with standing to object to a search: |
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Definition
Own, Live, Overnight
1) Person owns premises searched
2) Person lives on the premises searched
3) Person is an overnight guest at premises searched. |
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Term
| Do passengers in cars have standing to object to a search? |
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Definition
| Passengers in cars that do not own the car or claim items taken from the car do not have standing just because they were present when the search took place. |
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Term
| There is no standing to object to a search when the thing seized is: |
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Definition
| Held out to the public (i.e., voice, handwriting, paint on car, bank records, garbage at curb, can be seen from airspace, etc.). |
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Term
| Requirements of a valid search warrant: |
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Definition
Probably Can Pass/Fail NotreDame
1) Probable Cause
2) Warrant must be Precise on its Face
3) Issued by a Neutral and Detached magistrate |
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Term
| NY: Requirements to use anonymous informants to establish probable cause: |
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Definition
Affadavits must:
1) Set forth underlying facts and circumstances to allow the magistrate to know how the informant got her informations, and
2) Establish the reliability and credibility of the informant (usually by prior successful use of the informant) |
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Term
| A warrant is precise on its face if: |
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Definition
| It states with particularity the place to be searched and the things to be seized. |
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Term
| Examples of non-neutral and detached magistrates: |
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Definition
1) State AG
2) US AG
3) Magistrate is paid per warrant
4) Magistrate participates in seizure |
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Term
| Exceptions to the warrant requirement: |
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Definition
CALA SHEEP
1) Consent
2) Automobile exception
3) search incident to Lawful Arrest
4) Stop and frisk
5) Hot pursuit
6) Evanescent Evidence
7) Plain view |
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Term
| Exception to the warrant requirement:L Search incident to a lawful arrest: |
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Definition
1) Arrest must be lawful
2) Search must be contemporaneous in time and place of arrest
3) Can only search individual and areas into which he can reach (wingspan) |
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Term
| Exception to the Warrant requirement: Search incodent to a lawful arrest: Belton Rule: |
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Definition
| When a person is arrested in a car, wingspan includes entire area of the car and everything in it, but not the trunk. |
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Term
| Exception to the warrant requirement: Automobile exception: |
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Definition
1) Requires probable cause
2) Police can search entire car, trunk, and packages that could contain teh item(s) they are looking for. |
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Term
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Definition
| Police may seize items in plain view as long as the police officer is LEGITIMATELY present where he or she does the viewing. |
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