excludes products of illegal S&S or coerced confessions
Limitations on exclusionary rule
1. Does not apply to Grand Jury proceedings. May be compelled to testify based on illegally seized evidence.
2. Not an available remedy in civil proceedings.
3. In order to qualify for exclusion, search/question must violate federal constitution or federal statute.
4. Exclusion not a remedy in parole revocation proceedings.
5. Excluded evidence may be admitted for impeachment purposes. Can only impeach witness.
6. Exclusion can't be used for knock and announce violations.
When don't need to knock and announce?
when it would be futile, dangerous or inhibit investigation (destruction of evidence).
Fruit of the poisonous tree doctrine
expands exclusion to exclude evidence obtained/derived from a police illegality.
3 ways to break the FOTPT chain
Independent source for evidence. Inevitable discovery. Intervening acts of free will by Def.
sliding scale of police contacts
Can approach and ask for info w/ no PC or RS, person can run away even. Then CL right to inquire- founded suspicion that criminal activity is afoot- detention must be short. Arrest requires probable cause.
Arrest without a warrant? Felony
can arrest w/out warrant for a felony if reasonable grounds to beleive felony committed, this person did it. q
Arrest without warrant? Misd.
can arrest for misd comitted in presence.
Individual in his home?
requires arrest warrant.
Station house detention
PC to arrest you and compel you to come to police station for fingerprinting or questioning.
Search and Seizure analysis
1. Was there gov conduct? 2. Is there a reasonable expectation of privacy in the place or item searched? Did the police have a valid search warrant? 4. If warrant not valid, does officer's GF save the defective warrant? 5. if warrant invalid, 6 excp to warrant req.
Who constitutes gov actors
Police, on or off duty, or private individual acting at the direction of the pub police. Not store security guards unless deputized w/ power to arrest. Campus police usually.
Reasonable expectation of privacy /standing (always)
1. if you own the premises searched 2. live on premises searched (even w.out ownership interest, son or daughter etc) 3. overnight guests.
Reas. expt of privacy/standing (sometimes)
1. If you own the property seized, only if a reas excpt of privacy in item or area searched. 2. If you are a passenger in a car-need to claim ownership of car and/or property in car.
No expt of privacy and no standing
Anything you hold out to public every day. voice, handwriting, paint on outside of car, account records w/ bank, location of car on public street/in driveway, anything seen across open fields, anything seen from public airspace, odors from luggage/body, your garbage
Main reqs for facially valid search warrant
probable cause and particularity. Standard for PC- fair probability that contraband or evidence of a crime will be found in the area searched. Particularity- place to be searched and things to be seized.
can be anonymous. Some states follow totality of circumstance, some follow aguilar spinelli (basis of knowledge and reliability/cred.
need sufficient underlying facts and circumstances to allow magistrate to know how informant knew information. (basis of knowledge) and police must vouch for reliability/credibility.
Good faith save defective warrant? Exceptions?
GF overcomes defects with PC or particularity requirements. Except: 1. affidavit was so lacking in PC, no reasonable off. would have relied. 2. Affidavit lacks particularity, shouldn't have relied. 3. Police off or pros mislead/lied to magistrate. 4. magistrate is biased.
6 exceptions to warrant requirement
1. Search incident to arrest 2. Auto exception 3. Plain view 4. Consent 5. Stop and frisk 6. Hot pursuit/evanescent evidence.
Search incident to arrest
1. Arrest must be lawful. If arrest unlawful, search unlawful. Arrest and search must be contemporaneous in time and place. Must be within wingspan person. If Def arrest out of car, can't search car unless reasonable to believe D can gain access to car to reach a weapon or destroy evidence.
In order for police to fall under Auto Exception- must have PC. Same standard as warrant. If have PC, then can search Entire interior and the trunk including package or container which could reasonably contain the item that the police have PC to look for. no matter who owns it. Trunk okay b/c PC, unlike search incident to arrest. PC may arise after car stopped, but must arise before anything or anyone is searched.
Plain view doctrine
Officers must be legitimately present when doing the "plain viewing" of the item.
Consent needs to be voluntary, an intelligent/knowing. However, if police say they have a warrant which turns out to be invalid negates consent. Police saying they have a warrant negates consent. Police do no have to warn you of the right not to consent.
3rd party consent
when 2 or more people have equal right to use property, either can consent to the warrantless search. If both present and disagree, the non-consenter controls.
Stop and frisk
brief detention for purpose of investigating suspicious conduct. Need reasonable suspicion- less than PC. Terry frisk is pat down of outer clothing and body to check for weapons. justified by concern for officer safety.
Things found during frisk/admissibility
weapons always admissible. Non weapons? if looked like could have been a weapon or contraband from outside of clothing, always admissible.
Hot pursuit and evanescent evidence
Evanescent- might disappear if police took time to get warrant. under fingernails. Hot pursuit- need fleeing felon. If police not w/in 15 mins of fleeing felon, not hot pursuit. If enter a home on hot pursuit, illegal evidence seen is admissible.
Wiretapping and evesdropping
all wiretapping and eavesdropping requires a warrant, except for the "unreliable ear" no warrant necessary. All police cars are wired.
Miranda warnings info
Right to remain silent, anything you say can and wll be used against you, right to an attorney, if you cant afford one, one will be appointed for you, you may terminate interrogation at any time.
What triggers miranda warnings?
If at time of interrogation don't feel free to leave. being in a police car, in jail, home or hospital bed. Objective standard. Routine traffics stops and probation interviews are not custodial.
any conduct where police knew or should have known might illicit incriminating response from suspect.
not subject to miranda warning.
must be voluntary and intelligent. can be waived w.out signing waiver.
5th amendment and right to counsel
once a defendant asserts right to terminate interrogiation and requests an attorney, can't re-initiate interrogation w/out attorney present. 5th amend right to counsel only arises when a suspect says "I want a lawyer" during miranda warnings. May not re-initiate on ANY topic. 5th amendment is not offense specific.
offense specific. attorney only needs to be present if defendant is getting questioned about THAT crime.
attorney can be present at post-charge line up and show up, not photo ID. If improper ID, (no attorney or "unnecessarily suggestive") can still use "independant source" such as had great enough oppo to view def at crime. Remedy is exclusion.
Double jeopardy does not attach
1. jury unable to agree on verdict 2. Mistrials for manifest necessity 3. retrial after successful appeal is not double jeopardy 4. breach of an agreed upon plea bargain is not double jeopardy.