Search and Seizure exam 1

4th amendment

4th amendment

prohibits unreasonable searches and seizures

Katz v. U.S. Significance

Application of the 4th amendment

Oliver v. U.S. significance

Open fields doctrine

Burdeau v. McDowell significance

Private Searches

California v. Greenwood signficance

Abandoned property

Aguilar v. Texas significance

Two- pronged Probable Cause Standard

Spinelli v. U.S. significance

Probable cause standard & expanded on Aguilar requirements

Illinois v. Gates significance

Totality of Circumstances

Franks v. Delaware significance

Affidavit Deception

Weeks v. U.S. significance

Exclusionary rule

Mapp v. Ohio significance

Selective incorporation of exclusionary rule

Hill v. California significance

Honest Mistake Exception

U.S. v. Leon

Good Faith Exception

Exceptions to exclusionary rule

Honest Mistake Exception

Good Faith Exception

Good Faith exception Rlies on

Search or Arrest Warrant

Wong Sun v. U.S. significance

Attenuation Doctrine

Nix v. Williams significance

Inevitable Discovery Doctrine

Murray v. U.S. significance

Independent Source Doctrine

• Influence decision to get a search warrant

• Tainted information must not be in affidavit

Wilson v. Arkansas significance

Knock and Announce Exceptions

Exemptions of the 4th amendment

1. noncriminal proceedings

2. no standing

3. private searches

   • Burdeau v. McDowell

4. open fields doctrine

   • Hester v. U.S.

   • Oliver v U.S.

5. abandoned property

6. special governmental needs (“Administrative Justification”)

Open Fields Doctrine relies on

P - proximaty

E - enclosure

N - nature of uses

S - steps you’ve taken to keep it private

4th amendment application ( Katz v. U.S.)

• Subjective expectation of privacy

  • You have the expectation of privacy

• Objective societal acceptance

  • Society accepts your expectation as reasonable

Curtilage

area surrounding your home/dwelling where a series of evaluations where you expect privacy & where society accepts your expectation

Due Process types

1. substantive

   • creation of law/ implementation

2. procedural

   • evidence based, rules of evidence

Burden of Proof (state of prosecution) relies on

• Production

  • Inculpatory ( defense) evidence

  • “Prima facie”

• Persuasion “ standard”

  • Beyond a reasonable doubt

Prima Facie translates to

On it’s face

Exculpatory Evidence

tends to establish ones innocence

Rules of admissibility

1. competent

   • “lawfully seized” survives

   • Pretrial motion to suppress/ suppression

2. relevant - Motion in Limine

3. material - Motion in Limine

Motion in limine is

1. irrelevant

2. immaterial

3. unreliable

4. unfairly prejudicial - greater than probative value

5. cumulative

   • corroborative

   • contradictory

Most common in “pre-trial”

Motion in Limine “At the Threshold”

4th amendment clause

1. Reasonableness (i.e.; privacy )

   • persons, houses, papers, effects

2. Warrant clause

   • probable cause

   • oath ( rebuttable presumption )

   • Particularity requirement (automobile searches)

“Franks hearing”

Happens when you convince a judge through a motion that you have reasonable evidence that the police did

• False information ( intentionally)

• Reckless disregard for the truth

Remove

Evidence doesn’t get suppressed but judge reevaluates affidavit to see if probable cause would still have been found

types of evidence

• Real

  • Physical

  • Demonstrative

• Testimonial

  • words uttered in court under oath

Nature

• Direct

• Circumstantial

Direct evidence

evidence based on a witness’s personal knowledge of that fact acquired by the means of the witness senses

Circumstantial evidence

Conclusions made by the court

Utility of circumstantial evidence

• ability

  • did they do they

• intent

• consciousness of guilt

• character

• victim involvement

Proferred

When evidence is submitted to the court

Types of physical evidence

• evidence of a crime

  • ex. blood

• fruits of crime

  • ex. money

• instrumentalities of crime

  • ex. gun

• contraband

  • ex. drugs

Derivative Evidence Rule

Also know as “Fruits of a poisonous tree Doctrine”

Richards v Wilson Exceptions

• Evanescent evidence

  • Evidence which is easily destroyed or concealed

• Danger

• Gesture ( useless)

• Escapee

Purpose of Knock and Announce Rule

Castle doctrine

Exceptions to Good Faith Exception

• “Franks” Hearing Dilemma

• Judge/ Magistrate abandons “Neutrality”

• Officer reasonably sees no probable cause

• Officer reasonably sees no specificity

  • warrant is too vague with what you can search

Elkins v. U.S. significance

Silver Platter Doctrine

Burden of Persuasion

Beyond a reasonable doubt/ moral certainty (proffers inculpatory evidence)

Directed Verdict of acquittal

id the state has not proffered sufficient evidence that could not reasonably persuade a judge/ jury

Motion to Suppress

• Incompetent evidence

  • evidence excluded by rules of evidence

    • deals with unlawfully seized evidence

Wolf v. Colorado

selectively incorporated the 4th amendment ( now applicable to the states)

Basis of Knowledge

provide some factual knowledge/ “underlying circumstances” to the neutral magistrate for how the information was gathered from the informant/ someone else

Veracity prong

based on a credible source with reliable information

How was Aguilar- Spinelli 2-pronged test viewed

Hyper technical and rigid

Totality of Circumstances Evaluation Guidelines

• common sense

• Practical question

Purpose of Exclusionary rule

to deter police misconduct ( or more broadly, governmental abuse)

Two prong test

• Basis of Knowledge ( credible person issue)

• Reliability test ( veracity and corroborated)