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4th Amendment Search and Seizure Analysis
Warrant Proper? |
1. Based on Probable Cause
2. Issued by a Neutral Magistrate
3. Precise on its face |
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MrGermyD Tue, 07 Jul 2009 23:20:52 GMT |
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4th Amendment Search and Seizure Analysis
Warrantless Search Exception |
1. Incident to Lawful Arrest
2. Automobile Search
3. Plain View
4. Consent
5. Stop and Frisk
6. Hot Pursuit of Evanescent Evidence |
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MrGermyD Tue, 07 Jul 2009 23:21:09 GMT |
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4th Amendment Search and Seizure Analysis
Warrant Property Executed? |
1. Without Unreasonable Delay
2. After Announcement
3. Search or Seizure within Scope of Warrant |
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MrGermyD Thu, 02 Jul 2009 21:19:03 GMT |
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4th Amendment Search and Seizure Analysis
2. Was the search or seizure valid? |
1. Property Warrant AND
Property Executed
OR
2. Warrantless Search Exception |
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MrGermyD Thu, 02 Jul 2009 21:19:03 GMT |
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4th Amendment Search and Seizure Analysis
1. Was there a search or seizure challengable under the 4th Amendment? |
1. Gov't Agent
AND
2. Violate Reasonable Expectation of Privacy |
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MrGermyD Thu, 02 Jul 2009 21:19:03 GMT |
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| 4th Amendment Search and Seizure Analysis |
1. Was there a search or seizure challengable under the 4th Amendment?
2. Was the Search or Seizure Valid under the 4th Amendment? |
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MrGermyD Thu, 02 Jul 2009 21:37:12 GMT |
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| Harmless Error Burden of Proof |
On Government, once error shown, beyond a reasonable doubt |
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MrGermyD Thu, 02 Jul 2009 21:12:17 GMT |
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| Good Faith Reliance Exception to Exclusionary Rule |
Good faith reliance on :
1. Law
2. Clerical Error
3. Warrant
(cannot be defective on its face, cannot be so lacking in probably cause that officers reliance unreasonable, cannot be based on officers misleading magistrate). |
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MrGermyD Thu, 02 Jul 2009 21:11:44 GMT |
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| Exclusionary Rule Exceptions |
1. Good Faith Reliance of Officers
2. Used for Impeachment
3. Knock and Announce Violations |
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MrGermyD Thu, 02 Jul 2009 21:11:44 GMT |
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| Fruit of the Poisonous Tree Exceptions |
1. Fruit from Miranda Violations
2. Evidence from Independent Sources
3. Intervening Act of Free Will
4. Inevitable Discovery
5. Fruit of Knock and Announce Violations |
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MrGermyD Thu, 02 Jul 2009 21:11:44 GMT |
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| Exclusionary Rule Applies to what type of proceedings and violations |
Constitutional Violations in Criminal Court |
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MrGermyD Thu, 02 Jul 2009 21:11:44 GMT |
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