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9 Cards in this Set

  • Front
  • Back
Fruit of the poisonous tree
Prohibits introduction of evid obtained in viol of 4th, 5th, 6th Am.
Exceptions
(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.
Good faith defense to no warrant:
reliance on (i) judicial opinion;
(ii) stat or ordinance;
(iii) defective search warrant. NY: no good faith reliance on defective warrant.
Negating good faith defense:
(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.
Harmless error
admission of illegal evid will overturn conviction unless gov’t can show beyond a reasonable doubt that error was harmless
Arrest
Home: PC + warrant if D;
Car: reasonable suspicion, incl checkpoint and pretextual stops.
Valid warrant:
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.
Challenge to valid warrant:
affiant intentionally and recklessly included material false stmt. But, good faith still applies.
Search and Seizure Three Step:
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?