Criminal Procedure Elements

Front 1

Exclusionary Rule

Back 1

1. evidence obtained by government action
2. through means that violate the 4th amendment
3. generally, must be excluded from the criminal trial
4. of the individual whose rights are violated

Cases:
Weeks v. United States
Mapp v. Ohio

Front 2

What is a search?

Back 2

1. a government invasion into an area where a pesson has
2. an actual subjective expectation of privacy in the area searched
3. that society is prepared to recognize as reasonable

Front 3

What is required for Standing?

Back 3

1. must have a legitimate expectation of privacy in the place or thing to be searched or seized
2. as determined by all the circumstances

Front 4

Probable Cause Requirement

Back 4

1. the facts and circumstances within an officer's personal knowledge
2. and of which the officer has reasonable trustworthy information
3. are sufficient in themselves to warrant a person of reasonable caution in the belief that:
For Arrest: that an offense has been or is being committed by the person to be arrested; or
For Search: that an item subject to seizure is presently in the place to be searched

Front 5

Warrant Requirement for a Search

Back 5

Warrantless searches are per se unreasonable absent exigent circumstances or a well-delineated exception.

Front 6

Warrant Requirement for Felony Arrest

Back 6

If an you have probable cause to believe that a felony has been or is being committed whether you were present or not then you may make a warrantless arrest in a public.

Front 7

Warrant Requirement for Misdemeanor

Back 7

If probable cause to believe that a minor criminal offense offense has been committed in the officers presence then they may arrest without a warrant.

NOTE: Unsure about how a misdemeanor committed outside of the officers presence will be treated.