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50 Cards in this Set
- Front
- Back
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Police Officers use their powers with: |
-discretion -fairness -working within legal parameters |
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Mapp V. Ohio |
-Exclusionary Rule -Any evidence illegally obtained in violation of the 4th amendment will be suppressed in court. -Applicable in every court and used to deter police misconduct - |
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Fruit of the poisonous tree |
any evidence illegally obtained as a result of illegal conduct will be suppressed even if there is only a casual relationship between the act and the evidence seized |
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Exceptions to the Exclusionary rule? (2) |
-inevitable Discovery (used in PA) -Good Faith (not used in PA) |
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Exceptions to search warrant requirements |
-Hot pursuit -automobile -administrative -exigent circumstances -incident to be lawful arrest -stop and frisk -plain view |
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Katz V. U.S. |
-Reasonable expectation of privacy |
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Examples of reasonable expectation of privacy |
-on a person or what they are carrying -home, vehicle, or business -curtilage of home -any place where privacy is implied (including a hotel room until they check out) |
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Examples of Curtilage |
-driveway -unattached garage -hedges, yard, shed -extends to everything inside a fenced-off area |
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2 parts of plain view seizure |
-immediately recognizable as contraband -officer is lawfully present |
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2 parts of plain feel seizure |
-immediately recognizable as contraband -officer is lawfully present -can't manipulate or ask what anything is |
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In PA a fleeing actor is considered seized at the start of the pursuit and any discarded evidence can be part of the exclusionary rule and be dismissed if? |
the pursuit is considered unlawful |
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Probable cause |
Facts that would lead a reasonable and prudent person to believe that: -a crime has been committed -and items related to that crime are on the person/place to be searched |
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When does probable cause include the totality of circumstances? |
always |
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Contraband |
-items that are illegal to own -proceeds, instruments, or fruits of the crime -can be seized without a warrant through plain view and during terry stop if you recognize in plain feel |
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Examples of fruits of the crime? |
Money, items, proceeds |
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Exculpatory item |
-disprove evidence against the defendant -any evidence that will drop charges of the defendant -Don't need to look for exculpatory evidence, but if it is found, it must be turned in |
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Inculpatory evidence |
Evidence that goes against the defendant |
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Standing |
Legal ground by which the defendant can raise a claim |
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Need reasonable suspicion for pat down |
n/a |
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How can suppressed evidence be admitted? |
inevitable discovery |
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Prior to legal seizure, you need? |
reasonable suspicion |
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When can probable become stale? |
48 hours
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Can you do inventory on a car that is legally parked during a traffic stop? |
No (the car can be kept there and doesn't need to be impounded) |
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Where do search and seizure laws originate? |
-U.S. Constitution (4th Amendment) -PA Constitution (Article I, Section 8) -Case law -Rules of criminal procedure |
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Can you use coercion to gain consent for a search? |
no |
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Where does paperwork go back to once search is completed? |
issuing authority |
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exigent circumstances |
emergency situation where the officer doesn't have time to get a warrant (ex: imminent serious harm to a person, armed felon fleeing into a building, destroying evidence) |
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Does the mobility of a vehicle justify exigent circumstances? |
no |
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Who is the burden of proof always on? |
commonwealth |
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4 corners rule |
only items listed on the warrant are eligible for search and seizure |
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Scope of search example? |
Don't search for a big screen TV in a dresser drawer |
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probably cause + exigent circumstances (in motor vehicle) = |
warrant less search (including trunk) |
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A purpose of the exclusionary rule? |
to deter police from violating the 4th amendment |
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Forced abandonment |
need reasonable suspicion or probable cause |
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Motion to supress |
defendant has to express proprietary interest in items seized or places searched |
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Establishing probable cause (4) |
-observation made through senses -info received from others -info via investigation -physical and scientific evidence |
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Day/night search warrant |
-Daytime from 6 am to 10 pm -Nighttime from 10 pm to 6 am (can be served during day) |
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Purpose of inventory of a car? |
-to account for person's belongings -not for evidence -if evidence is found, stop and get a search warrant |
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Expressed consent |
consent given in writing or by the spoken word |
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implied consent |
deducted from the actions of another (signed DL) |
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T/F You must advise suspect they have the right to refuse consent to search |
True |
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Who can consent to the search of a vehicle |
driver or owner |
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When concluding a warrant: sign a copy and give to affidavit and a receipt of inventory to the person being searched. |
n/a |
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When wouldn't you leave any documents after concluding a search? |
If the warrant is sealed -seals last 60 days and have 30 day extentions |
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Who sets the hearing after the warrant? |
Magisterial District Judge |
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Exigent exception doesn't include a person fleeing when dealing with a mere encounter |
n/a |
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If you have probable cause to believe that a car is stolen and there's no time to get a search warrant, can you search the vehicle? |
Yes (anywhere in vehicle) |
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If you complete a protective sweep after the arrest and find evidence, is it admissible? |
No, sweep must be prior to arrest or in conjunction |
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Can you automatically search all persons present when serving a warrant? |
No, need reasonable suspicion that a person is armed and dangerous (or they must be specifically listed in the warrant) |
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Nix V. Williams |
Inevitable discovery case |
