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Chapter 10

Terms in this set (16)

Bad methods
refers to police actions and procedures that violate any of the five consitutional rights:

1. Fourth Amendment ban on unreasonable search and seizure
2. 5th ban on coerced incrimination statements
3. 6th Amendment right to counsel
4. 4/5th guarantees of due process of the law
Good evidence
probative evidence that proves defendants committed the crimes they are charged with
2 points about the Fourth Amendment and the exclusionary rule
1. search and seize make up the greatest bulk of suppression cases.
2. evidence obtained by illegal searches and seizures is just as reliable as evidence obtained legally
What two questions were answered by Wolf v. Colorado?
1. does the 14th amendment due process clause apply the right against unreasonable searches and seizure to the states at all
the court answered yes
2. if it does, is the exclusionary rule part of the right?
no
What case was the exclusionary add additional eliminates to the rule?
The good faith exception abolished the exclusionary rule
1984 Us. V. Leon
What is the good faith exception? What are the four exception to the exclusionary rule?
1. 4th Amendment exclusionary rule should not be applied so as to bar the use in the prosecution's case in chief of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a detached magistrate but ultimately found to be invalid.
2. The standard of reasonableness is an objective one
3 suppression is appropriate when officers have no reasonable ground for believing that the arrant was prroperly issued
4. the officer's reliance on the magistrate's determination of probable cause in the instance case was objectively reasonable
What are the three justifications that the Supreme Court has looked to exclusionary rule?
1. constitutional right justification
2. judicial integrity moral justification
3. Deterrence
According to the US Supreme Court the exclusionary rule is not a defendants personal constitutional right but
It is a judicially crated remedy designed to safeguard rights through its deterrent effect
social cost rule
freeing guilty people, undermining the prosecutions case, and obstructing the search by keeping good evidence out of court
Fruit of the poisonous tree doctrine
bans not only evidence illegally obtained directly but also evidence derived from it.
Attenuation exception
says that illegally obtained evidence can come into court if the poisonous connection between the police actions and the evidence they got illegally from their actions weakens enough.

with all the other circumstances the violate isn't important
independent source exception
even if officers break the law unless their law breaking causes the seizure of evidence, evidence is admissible in court.
inevitable discovery expectation
if evidence would have been found anyways then it can be used.
Case in chief
means the part of the trial where the government presents it evidence to prove the defendant's guilt
impeach
undermine the believably of testimony
What are the four situations where suppression remain appropriate
page 405
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