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20 Cards in this Set
- Front
- Back
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4th amendment |
right to be free from unreasonable search and seizure without warrant, and no warrant shall be issued w/o probable cause supported by oath or affirmation, describing the pace to be searched and the persons or things to be seized. 1. reasonableness 2. warrant clause |
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Exclusionary Rule |
evidence obtained in violation of 4th amendment is ordinarily not admissible in a criminal trial. Can still bring charges against ∆. Goal - deter police misconduct |
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Good faith exception |
evidence obtained by officers acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate but ultimately found to be unsupported by probable cause is admissible
Test: what is objectively reasonable for a police officer to do? Goad: Deter police misconduct |
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Silver Platter Doctrine (no longer valid) |
State could search illegally and provide evidence found to feds who could use it as long as they did not participate in the search |
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Frank's Doctrine
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When a warrant affidavit is demonstrated to be false and intentionally or recklessly included, it is invalid |
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No Good Faith Exception |
1. Frank's Doctrine 2. Magistrate abandons objective role 3. Warrant is facially deficient - no description of place/things 4. Lacks probable cause |
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Good faith reliance on statute |
Not subject to exclusionary rule. Don't want officer's trying to determine constitutionality of statutes. |
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Knock and Announce Rule |
LEO must announce presence and provide residents an opportunity to open the door. N/A when: -threat of physical violence -evidence may be destroyed if advance notice given -knocking and announcing would be futile |
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Violation of Knock and Announce |
Does not require suppression of evidence because goal of rule is to prevent violence, PD, and impositions on privacy, not police searches with valid warrants. |
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Good faith reliance on computer error |
No 4th amendment violation when isolated negligence and "not systematic error or reckless disregard of constitutional requirements" N/A to systematic recurring negligence |
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Privacy Rationale |
4th amendment violation can occur when there is an infringement upon a justified expectation of privacy |
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Katz Test |
1. expectation to privacy (subjective) 2. does society accept the area as a private place? (objective) |
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Public Exposure |
If person knowingly exposes to the public, even in him or office, not subject to 4th amendment protection |
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Factors of Search |
1. invasion of an expectation of privacy; and 2. trespass |
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Open Fields Doctrine |
No 4th amendment protection in open fields (outside area of property owner's curtilage) even when trespassing signs are posted |
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Visible to Naked Eye |
No need for warrant - police traveling in public airways ok. No violation of law and no interference with ∆'s normal use. |
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GPS Tracking |
unlawful search under 4th amendment because trespass onto personal property |
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Curtilage |
Area immediately surrounding and associated with the home. Includes the porch. License to enter can be inferred from habits of the country. LEO can't exceed extent of that license without a warrant. |
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Third Party Conversation |
No expectation of privacy when voluntarily speaking with another person so no problem with recording conversation. |
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Third Party Searches |
Valid warrant allows search of ANY property where there is probable cause to believe that the fruits or evidence of crime will be found. Irrelevant that 3rd party is not a suspect. |
