Unit 6: Pretrial (3) - motions and the suppression of evidence

pretrial motion

A request filed by either party for a specific ruling by the judge.

motion to dismiss

Requests the judge to throw out the case

motion for a change of venue

request to move the trial to another location

motion for discovery

request for the release of evidence to the defense

Brady rule

Prosecutors must disclose evidence material to guilt or punishment

motion to suppress evidence

Exclusion of certain evidence from trial

Fourth Amendment

protects unreasonable searches and seizures by government agents

What defines a "search" under the Fourth Amendment?

Intrusion into a reasonable expectation of privacy

What is the "third-party doctrine"?

No expectation of privacy for shared information with service providers

What constitutes an "open field"?

Private land distant from the home without privacy protection.

What is "plain view" doctrine?

Objects visible from public areas can be seized without a warrant.

What is required for a search warrant?

Probable cause based on a sworn officer’s affidavit.

What are exigent circumstances?

Situations allowing warrantless searches to prevent evidence destruction

What is the exclusionary rule?

Unlawfully obtained evidence is usually inadmissible in court.

What is "fruit of the poisonous tree"?

Evidence derived from unlawfully obtained items, also inadmissible

What is the "good faith" exception?

Evidence may be admissible if police acted reasonably

doctrine of inevitable discovery

Evidence is admissible if it would have been found lawfully

doctrine of attenuation

Evidence may be admitted if the connection to unconstitutional conduct is remote

confession

dmission of guilt that can be used as evidence in court

Mapp v. Ohio (1961)

extended the exclusionary rule to state courts