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9 Cards in this Set
- Front
- Back
Fruit of the poisonous tree
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Prohibits introduction of evid obtained in viol of 4th, 5th, 6th Am.
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Exceptions
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(i) stmts in violation of Miranda;
(ii) independent source; (iii) inevitable discovery; (iv) intervening act of free will by D; (v) violation of knock and announce. BUT,voluntary confessions in viol of Miranda admissible to impeach and evid from illegal search can impeach D’s trial testimony. |
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Good faith defense to no warrant:
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reliance on (i) judicial opinion;
(ii) stat or ordinance; (iii) defective search warrant. NY: no good faith reliance on defective warrant. |
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Negating good faith defense:
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(i) affidavit so lacking in probable cause (“PC”) that no reasonable officer would rely on it;
(ii) warrant defective/invalid on face; (iii) affiant lied or misled judge; (iv) judge wholly abandoned judicial role. |
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Harmless error
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admission of illegal evid will overturn conviction unless gov’t can show beyond a reasonable doubt that error was harmless
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Arrest
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Home: PC + warrant if D;
Car: reasonable suspicion, incl checkpoint and pretextual stops. |
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Valid warrant:
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particularity of place searched/things seized
and issued by neutral and detached judicial officer. NY: when apply for warrant, gov't must base PC on informant's basis of knowledge + their reliability. |
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Challenge to valid warrant:
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affiant intentionally and recklessly included material false stmt. But, good faith still applies.
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Search and Seizure Three Step:
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1) does person have 4th Am rt? (gov’t conduct and reasonable expectation of privacy – requires standing,
searched; overnight guest; but not items held out to public); 2) search warrant valid?; 3) is there an exception? |