Module 4

The exclusionary rule only applies to

government conduct It does not apply to private searches, where a person gives consent to a search, abandoned property that is used as evidence, or evidence taken from one's trash.

In Mapp v. Ohio, the U. S. Supreme Court decided that if a person abandons property, he or she __________.

has no Fourth Amendment rights with regard to that property

If the police can show that the evidence was discovered by two methods, one of which was lawful, it may trigger the ____________ exception to the exclusionary rule.

independent source

Standing

is a legal concept in which the person bringing the challenge must have a legal right or claim

The effect of the exclusionary rule

is that evidence that proves or helps prove a defendant's guilt will be suppressed. This can result in guilty defendants going free. A balance is necessary between upholding constitutional rights and deterring police misconduct on the one hand and admitting reliable evidence and punishing guilty defendants on the other

Among the arguments in favor of the exclusionary rule is that __________.

it deters police misconduct and is the only practical means to enforce rights

The fruit of the poisonous tree doctrine is also known as the ____________ rule.

Derivative evidence rule

One of the costs (and criticisms) of the federal exclusionary rule is that it __________.

May result in guilty people being acquitted

exceptions to the fruit of the poisonous tree doctrine

independent source inevitable discovery good faith

If a search is conducted solely by a ________ person, the exclusionary rule does not apply

private

Which of the following is not an example of an administrative search?

Screening at a bank School & airport searches, & screening at government building are examples of an administrative search

The primary justification for the exclusionary rule is __________.

Discouraging or deterring police misconduct

Drug Testing

Drug testing can arise in various instances. Government employers may require drug testing without probable cause where the duties of the employee could involve risk to others. Private employers may require drug testing without any constitutional basis precisely because they are private and the constitutional protections here apply only to government action. Schools may require drug testing as a condition of involvement in extracurricular activities. Lastly, prisoners can be drug tested at any time because of their significantly reduced, and in fact almost non-existent, reasonable expectation of privacy.

Fruit of the Poisonous Tree or Derivative Evidence Rule

Evidence may be obtained legally but result from evidence obtained illegally. Said differently, law enforcement may act illegally and gain some legal evidence later that would not have been obtained but for the illegal or improper acts. For example, what if police illegally search the defendant's home? While there, they find a map of a well-hidden marijuana field that the defendant is maintaining. Police go to the field and seize the drugs. This subsequent evidence is considered "fruit of the poisonous tree" and it is also inadmissible.

True or false: The exclusionary rule applies to evidence obtained in a consent search.

False

An officer who is acting _________________ cannot rely on the good faith exception.

In an objectively unreasonable fashion

If the police can show they would have eventually found the evidence anyway by legal means, it may trigger the ____________ exception to the exclusionary rule.

Inevitable discovery

This exclusionary rule serves as a protection for defendants and discourages illegal or improper tactics by _________.

Law enforcement

Law enforcement illegally searches the defendant's car and finds cocaine. Is the cocaine admissible under these facts?

No

Police conduct an illegal search of the defendant's car and find a map showing a remote, hidden marijuana field. Law enforcement follows the map to the field and seizes the marijuana. Are the drugs admissible as evidence?

No

Is this evidence admissible?

Police wrongfully enter a house. While in the house, they find a key to a storage locker. Is the key admissible? -No Police wrongfully enter a house. While in the house, they find a key to the storage locker. They take the key to the storage locker, open up the locker, and find mass quantities of illegal drugs. Are the drugs admissible as evidence? -No Police search a house without a valid warrant and without consent. While searching the house, they find a document with a person's name and phone number on it. They contact this person, who ends up being a witness who can implicate the defendant in this case. Is the testimony admissible? -No Police search a house with a warrant. While searching the house, they find a document with a person's name and phone number on it. They contact this person, who ends up being a witness who can implicate the defendant in this case. Is the testimony admissible? -Yes Police entered a house without a warrant, but received consent to enter and search the property. While in the house, they find a key to the storage locker. They take the key to the storage locker, open up the locker, and find mass quantities of illegal drugs. Are the drugs admissible as evidence? -Yes

Special Needs and Administrative Searches

The Fourth Amendment requires a warrant for searches unless consent is given or probable cause exists, and only applies to government action. But other areas exist where searches are necessary for some legitimate government interest outside of crime prevention, including administrative searches and "special needs" searches. Examples of these searches include: -screening at government buildings -airport screenings -school searches -drug testing -vehicle checkpoints -border searches -prison inmate searches

The Fourth Amendment states

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized The Fourth Amendment protects people from unreasonable government intrusion, specifically with regards to searches and seizures. The exclusionary rule might be raised in a Fourth Amendment issue if evidence was obtained without a warrant where one was required or if someone was arrested improperly and evidence seized during the improper arrest was used against him or her.

The Exclusionary Rule

There are constitutional rights regarding what evidence can be obtained legally. When evidence is obtained illegally, the exclusionary rule will apply. Under the exclusionary rule, evidence obtained in violation of the Constitution, or in violation of federal or state laws, will be deemed inadmissible. This rule serves as a protection for defendants and discourages illegal or improper tactics by law enforcement.

Whether consent is voluntary is a question of fact to be determined by the __________.

Totality of the circumstances

The exclusionary rule only applies to government conduct.

True

True or false: Excluding a confession obtained after an illegal search and seizure is an example of the application of the fruit of the poisonous tree doctrine.

True

True or false: Under the Fourth Amendment, police may lawfully search and seize garbage left at the curb for pickup without a warrant.

True

Fifth Amendment Privilege Against Self-Incrimination

Under the Fifth Amendment (U.S. Const. amend V), defendants have a privilege against self-incrimination. This privilege includes being advised of specific rights at the time of an arrest, known as the Miranda rights.

Independent Source

Under the independent source doctrine, if the prosecution can show the evidence was obtained from a source independent of the original illegality, it will be admissible. Under the inevitable discovery doctrine, the prosecution must demonstrate that the evidence would have been discovered regardless of any illegality by law enforcement. Further, if the evidence was obtained in good faith by law enforcement, it will not be excluded, even if obtained illegally.

Police illegally search the defendant's shed and find documentary evidence that the defendant is the mastermind behind a local charity fraud. The next day, a confidential informant emails the same documents to law enforcement. Are the documents admissible?

Yes

Police conduct an illegal search of the defendant's car and find a map showing an area where marijuana was planted. This area was very close to the highway and near a busy intersection. During hunting season, hunters frequently camped in the area. Law enforcement used the map to locate the marijuana and used it as proof to arrest the defendant. At the defendant's trial, defense counsel moves to suppress the evidence of marijuana, claiming it violates the exclusionary rule. Will this evidence be admitted?

Yes It is highly probable this evidence would be admitted under the inevitable discovery doctrine. This marijuana was growing near a busy intersection in an area where people sometimes camped

Judge Smith issues a warrant based on probable cause but it was not signed. The police conduct a search using the warrant and collect evidence of drug possession and drug sales. The warrant is later deemed to be defective on its face with its lack of signature. However, the police believe the warrant was a proper warrant. Is the evidence admissible?

Yes This evidence can be admitted under the good faith exception. Law enforcement was acting in good faith that the warrant was proper at the time of the search

Which of the following is not an exception to the fruit of the poisonous tree doctrine?

best evidence rule

When the exclusionary rule applies, the evidence will be _____________.

excluded

Under the _______________, evidence obtained in violation of the Constitution, or in violation of federal or state laws, will be deemed inadmissible.

exclusionary rule

True or false: If the police can show they would have found the evidence eventually by legal means, it may trigger the independent source exception to the exclusionary rule.

false