CJ 433 - EVIDENCE, SEARCH AND SEIZURE

The Fourth Amendment Exemption Non-Criminal Proceedings refers to...

if the trial is not criminal there are no protections to the fourth amendment

Are there Fourth Amendment Exemptions in civil trials?

No

The Private Searches Exemption to the Fourth Amendment refers to...

searches having to be administered by the government or government agent or the fourth amendment does not apply

In reference to the OFD, enclosure refers to...

objects like gates, locks, fences, etc

In reference to the OFD, nature of its use refers to...

personal use or how it is being used

In reference to the OFD, steps to keep private refers to...

the degree of effort someone uses to keep something to themselves or private

If all the evaluation factors apply, "PENS", to the OFD then it is ______ an open field.

NOT

What does the curtilage have to be to be protected?

reasonably close

What did Oliver V. U.S. do for law enforcement?

it cleared the air and provided a balancing test for officers when it came to the OFD

How many exemptions are there to the Fourth Amendment?

6

Non-Criminal Proceedings, No Standing, Private Searches, Open Fields Doctrine, Abandoned Property, and Special Governmental Needs are exemptions to the?

Fourth Amendment

The Fourth Amendment Exemption No Standing refers to...

a party has no right to challenge the conduct of the other party if they cannot show harm

What was the high courts decision in the case KATZ V. U.S., and what did it establish?

reversed; established that the fourth amendment protects people not places

What is the equation that KATZ V. U.S. used to support their reversal?

Subjective and Objective

What does the Subjective part of the KATZ equation mean?

actual expectation of privacy

What does the Objective part of the KATZ equation mean?

society willing to accept expectation as reasonable

What part of the KATZ equation does the non-criminal proceeding and no standing exemption refer to?

Objective

What case established the private searches exemption to the fourth amendment?

Burdeau V. McDowell

In the case Burdeau V. Mcdowell, what was the high court's decision?

reversed; the 4th amendment protects one's privacy

What is a private search?

one in which the government is not involved at all

The Open Fields Doctrine Exemption to the Fourth Amendment refers to...

neither open or a field

What court case created the OFD?

Hester V. U.S.

What case cleared the air for law enforcement, and reinforced Hester regarding the OFD?

Oliver V. U.S.

What are the four evaluation factors that consider something to be an Open Field?

proximity, enclosure, nature of its use, and steps to keep private

What is "CURTILAGE"?

the area immediately surrounding the house or home

In reference to the OFD, proximity refers to...

how close it is to home or house

What court case dealt with the Abandoned Property Exemption to the Fourth Amendment?

Greenwood V. CA

What was the high courts decision in Greenwood V. CA, and what was the significance?

revered and remanded; subjectively you abandon your expectation of privacy

What is the Special Governmental Needs exemption to the Fourth Amendment and its significance?

administrative justification; overarching governmental purpose (ex: schools, airports, prisons, borders)

What court case shifted the standards of probable cause and lessened the burden on law enforcement?

Illinois V. Gates

Conviction means...

deny motion to suppress

When it comes to the Warrant Clause the majority of the courts will use what test when trying to establish probable cause?

Totality of the Circumstances

What did the high court in Aguilar V. TX use to reverse the conviction when it came to anonymous informants?

2 Prong Test

What are the 2 sections of the 2 Prong Test?

basis of knowledge and veracity

What was the problem in Aguilar V. TX?

can't have the "basis of knowledge" when the person is anonymous

Spinelli V. U.S. 1969 challenged what?

the 2 Prong Test from Aguilar V. TX

What was the reasoning behind the reversal of Spinelli V. U.S.?

reversed on the basis of insufficient corroboration

What are the two parts under the Veracity component of the Aguilar-Spinelli Two-Prong Test?

reliable and corroboration

When evidence is suppressed that means it was?

incompetent

What are two major pretrail motions?

suppression and in limine

In Limine refers to

"at the threshold"; arguing relevance and material

Which court case reversed on the basis that you have a right as a criminal defendant to challenge probable cause in an affidavit?

Franks V. DE

When can a criminal defendant challenge probable cause in an affidavit?

ONLY if there is evidence of false information or reckless disregard for the truth

What kind of hearing is put forward if a criminal defendant can prove "false info" or "reckless regard for the truth?"

Franks Hearing

What court case created the "Exclusionary Rule"?

Weeks V. U.S.

What was the Exclusionary Rule designed for?

to deter police misconduct

What are the two cases that are exceptions to the Exclusionary Rule?

Hill V. CA and U.S. V. Leon

During the time the Exclusionary Rule was created, it only applied to who?

The Federal Government

What is the Exclusionary Rule?

a legal principle that prevents the government from using evidence in court if it was obtained in violation of a defendant's constitutional rights

What court case selectively incorporated (SI) the FOURTH AMENDMENT to the states?

Wolf V. Colorado

What court case abolished the "silver platter doctrine"?

Elkins V. U.S.

What doctrine allowed a federal court to use evidence obtained illegally as long as a federal officer did not participate?

The Silver Platter Doctrine

What court case SI the Exclusionary Rule to the STATES?

MAPP V. Ohio

Hill V CA, 1971 affirmed and created the

honest mistake exception

What does the honest mistake exception do?

allows the defense to admit to the offense but claim they made a mistake

U.S. V Leon, 1984 significance was that it created the

good faith exception

What was the good faith exception applied to?

The Exclusionary Rule

What is the difference between the honest mistake and the good faith exception?

the good faith exception relies on a warrant

What are factors (no misconduct) to the good faith exception?

officer misinformation, magistrate, prima facia, and prima facia

Officer Information in reference to good faith exception:

info provided in the affidavit was incorrect that provided the warrant

Magistrate in reference to the good faith exception:

abandons neutrality

Prima facia in reference to the good faith exception:

"on its face"; probable cause deficient

Another form of Prima Facia in reference to the good faith exception:

not specific enough; fails to meet the particularity requirement (warrant is to vague)

What is competent evidence?

lawfully seized; admissable

What is incompetent evidence?

unlawfully seized; inadmissable

What does the pretrial motion suppression mean?

motion to suppress; either be ruled as competent or incompetent

When arguing if evidence is relevant in this moment or not the evidence is still seen as

competent

When do you want to get irrelevant evidence out?

during a motion in limine

Material evidence is when

the evidence is competent and perhaps relevant but isn't germane to the verdict

What are 3 factors in limine?

irrelevant, immaterial, and unfairly prejudicial

Unfarily Prejudicial Evidence means that it could lead the jury to make a

imporper decision

In a criminal trial, who does the Burden of Proof lie with?

the prosecution

Inculpatory evidence tends to establish

guilt

Exculpatory evidence tends to establish

innocense

What court case created the Attenuation Doctrine?

Wong Sun V. U.S.

Attentuation means

to reduce or lessen the value of something

The Attenuation Doctrine is an exception to the

Derivative Evidence Rule

The Derivative Evidence Rule derives from

the "fruit of the poisonous tree" doctrine

Someone only has standing to challenge the admissablly of evidence when

your rights were violated

What are the two types of evidence?

Real and Testimonial

Real evidence is

evidence that can be sensed using the five senses

Testimonial evidence is

evidence that can be uttered

What are the two types of real evidence?

Physical and Demonstrative

What are the four types of physical evidence?

Evidence of a Crime, Contraband, Fruits of a Crime, and Instrumentality of a Crime

Contraband:

in unlawful possession but does not lead to a crime being committed

Fruits of a Crime:

evidence that resulted from the crime that was committed

Instrumentality of a Crime:

a tool used to commit a crime and the mere possession

Nix V. Williams, US 1984, created the ____________ to the Derivative Evidence Rule.

Inevitable Discovery Exception