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Pile Management Card
Crim Pro

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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
4th Amendment Search and Seizure Analysis

Warrant Proper?
1. Based on Probable Cause
2. Issued by a Neutral Magistrate
3. Precise on its face
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?
4th Amendment Search and Seizure Analysis

Warrant Property Executed?
1. Without Unreasonable Delay
2. After Announcement
3. Search or Seizure within Scope of Warrant
4th Amendment Search and Seizure Analysis

2. Was the search or seizure valid?
1. Property Warrant AND
Property Executed
OR
2. Warrantless Search Exception
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
Harmless Error Burden of Proof
On Government, once error shown, beyond a reasonable doubt
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).
Exclusionary Rule Exceptions
1. Good Faith Reliance of Officers
2. Used for Impeachment
3. Knock and Announce Violations
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
Exclusionary Rule Applies to what type of proceedings and violations
Constitutional Violations in Criminal Court
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