Evidence, Search, and Seizure Exam 1

Katz V US, 1967

Fourth Amendment Application

4 Ammend protects people, houses, papers, and effect

Burdeau V McDowell, 1921

Non Criminal Proceedings, No Stand, Private Searches

Gov can use illegal evidence as long as police were not involved in taking evidence

Hester v US, 1924

Created the Open Fields Doctrine

Oliver V US, 1984

Specified Open Field Doctrine and created PENS

P.E.N.S

Proximity to curtilage

Enclosed

Nature of use

Steps Taken to keep private

Curtilage

50 to 100 ft from house

California V Greenwood, 1988

Abandon Property

Special Government Needs

Places like airports, schools etc can search everyone at door

Aguilar V Texas, 1965

Created Prong Test for evaluating hearsay

Basis of Knowledge and Reliability of Info

Basis of Knowledge

Informant’s Credibility

Reliability of Info

1. Veracity (Truthfulness)

2. Corroboration (Aligning/supporting another testimony)

Spinelli V US, 1969

Expanded Aguilar to include —- for crime conclusion

Illinois V Gates, 1983

Totality of Circumstances, used in place of Two Prong Test (AguliarSpinelli)

Aguilar Spinelli

Two Prong Test

Called Hyper Technical and Rigid

Totality of Circumstances

Common Sense and Practical Question

Franks v Delaware, 1978

Created Franks Hearing

Franks Hearing

Standard of Preponderance of Evidence: New Probable Cause Analyses, can challenge info in court

1. False Info

2. Reckless Disregard for the Truth

Preponderance of Evidence

Enough evidence to persuade

Weeks v US

Exclusionary Rule to deter police misconduct and government abuse

Wolf V Colorado, 1949

Selectively Incorporated

States decide how to handle illegally obtained evidence (State sovereignty)

Mapp V Ohio, 1961

Protection from Unreasonable search and seizure

Selectively Incorporated

Exceptions to Exclusionary Rule

1. Honest Mistake Exception- Hill V California

2. Good Faith - US v Leon

3. Attenuation Doctrine - Wong Sun V Us

4. Inevitable Discovery- Nix V Williams

5. Independent Source Doctrine- Murray V US

Exclusionary Rule

Gov can’t use evidence that violates the 4th amendment

Was created to deter police misconduct

Elkins v US, 1960

Silver Platter Doctrine

Silver Platter Doctrine

Abolished by the Exclusionary Rule

Said that federal police could accept illegally obtained evidence from state police

Hill V California, 1971

Honest Mistake Exception

Honest Mistake Exception

Prior to Good Faith Exception

US V Leon, 1984

Good Faith Exception

Good Faith Exception

If police were acting in good faith the evidence can still be used because there is nothing to deter(no police misconduct)

Relies on Search Warrant/Affidavit Warrant

Exceptions to Good Faith Exception (4)

Franks Hearing

Magistrate Abandoned Neutrality

No Probable Cause

No Specificity

Wong Sun v US, 1963

Attenuation Doctrine

Attenuation Doctrine

If the illegally obtained evidence is far enough removed from illegal act it can still be use.

Prima Facie Evidence

A fact/obvious until contradicted by other evidence

Fruit of the Poison Tree Doctrine/Derivative Evidence Rule (Extension of Exclusionary Rule)

1. Attenuation Doctrine- Wong Sun v US

2. Independent Source- Murray v US

3. Inevitable Discovery Doctrine- Nix V Williams

Murray v US, 1988

Independent Source Doctrine

Independent Source Doctrine (2)

Illegally obtained evidence is allowed if it was also obtained legally

1. What influenced the officer to pursue

2. The Judge made and independent decision

Nix v Williams,1984

Inevitable Discovery

Inevitable Discovery

Would have been found anyways

Wilson v Arizona

Knock and Announce Requirement

Knock and Announce Requirement

Purpose : CD

Exceptions to Knock and Announce Req (EDGE) Richards V Wisconsin

E- Escapee Risk

D- Danger

G- Gesture (useless)

E- Evanescence Evidence