Evidence Search and Seizure Exam 1

What was the significance of Katz v. United States?

created the Katz equation (for the fourth amendment to apply there needs to be an actual expectation of privacy demonstrated and the expectation should be deemed reasonable by society)

What was the significance of Oliver v. United States?

created the criteria for the “open field” doctrine (proximity to curtilage, enclosed for privacy, nature of use is for intimate activities, and steps to keep it private)

What was the significance of Burdeau v. McDowell?

created the “private search” exemption (which allows evidence obtained by a private party search)

What was the significance of California v. Greenwood?

created the “abandoned property” exemption to a warrant

What are the four locations exempt of fourth amendment rules?

airports/trains/buses, borders, government buildings, public schools

What is the “no standing” exemption?

if evidence of one’s crime violates another person’s rights, it doesn’t allow the evidence to be suppressed for them too

What was the significance of Aguilar v. Texas?

created the “two-prong test” for the probable cause standard (basis of knowledge or veracity/credibility)

What was the significance of Spinelli v. United States?

created the “Aguilar-Spinelli two-pronged test” which created the expansion that corroborating evidence against an offender must be illegal acts

What was the significance of Illinois v. Gates?

created the “totality of the circumstances” standard (common sense practical question vs rigid, hyper technical question)

What was the significance of Franks v. Delaware?

created the “Franks Hearing” right to challenge an affidavit if one can convince the magistrate that there may have been either “reckless disregard for the truth” or “intentionally false information” in the affidavit

What are the two clauses of the fourth amendment analysis?

Reasonable & Warrant clauses

What are the aspects of the Reasonable Clause?

the right to be secure, in their persons, houses, papers, and effects, against unreasonable searches and seizures

What are the aspects of the warrant clause?

but upon probable cause, under oath or affirmation, “particularity requirement

What are the two main pre-trial motions?

motion for suppression and motion in limine

What are the 5 aspects of a motion in limine?

• relevancy

• materiality

• reliability

• unduly prejudicial

• cumulative evidence (corroborative or contradictory)

What was the significance of Weeks v. U.S.?

created the “exclusionary rule”

What is the significance of Wolf v. Colorado?

selectively incorporated the fourth amendment

What was the significance of Mapp v. Ohio?

selective incorporation of the exclusionary rule

What is the significance of Elkins v. U.S.?

abolished the “silver platter” doctrine (federal law enforcement encouraging state law enforcement to unlawfully obtain evidence for them)

What was the significance of Hill v. California?

created the “honest mistake” exception to the exclusionary rule

What was the significance of U.S. v. Leon?

created the “good faith” exception to the exclusionary rule

What are the four negating factors of the “good faith” exception?

• frank’s hearing (misinformation on an affidavit)

• magistrate abandons neutrality

• probable cause is not clear or had changed

• no specification in warrant

What was the significance of Wong Sun v. U.S.?

created the “attenuation doctrine” and expanded the ‘fruit of the poisonous tree” doctrine

What are the two types of evidence?

Real and Testimonial evidence

What was the significance of Nix v. Williams?

created the “inevitable discovery” doctrine

What are the four forms of physical evidence?

• evidence of a crime

• instrumentality of a crime

• fruits of a crime

• contraband

What was the significance of Richards v. Wisconsin?

authorized factors for “no knock” situations

What are the four factors of a “no knock” situation?

• unsuspected danger

• evanescent evidence

• useless gesture

• escapee