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6 Cards in this Set
- Front
- Back
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Parts of 4th Amendment
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-secure in their posersons, houses, papers and effects
-no unreasonable searches and seizures -no searches w/o warrants -must have probable cause -warrant must describe place to be searched and the person/things to be seized |
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Before entering a home police officers must announce:
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-they are police officers
-they possess a warrant -they are executing the warrant |
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Warrantless searches
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-During an arrest; they can search the suspect's immediate area
-Cars can be searched -Evidence/contraband is in plain view -Situation is an emergency -Suspect consents to a search (for minors the parents can consent; roommates can also consent) |
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Exclusionary Rule
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-1914
-Evidence obtained illegally may be excluded from court -Used to: +Protect individual rights from police misconduct +Prevent police misconduct +Maintain Judicial integrity |
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United States v. Leon
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-Jan. 17, 1984 (Tuesday)
-Exclusionary Rule -Police get warrant to search Leon from anonomous tip -Drugs found BUT a judge dismissed the warrant b/c not enough evidence -SUPREME COURT; Rule that evidence based on a mistaken warrant (intentions were good) can be allowed at court |
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Hudson v. Michigan
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-Knock and Announce (part of 4th amendment)
-2006 -Hudson's home searched by police for drugs; drugs found -Hudson claim that police did not wait 20-30 seconds before coming into his home, THUS the drugs excluded from trial -Supreme Court rule that knock and announce violation is NOT grounds to exclude evidence |
