Criminal Procedure Week 6 Searches

EXCEPTIONS TO EXCLUSIONARY RULE INEVITABLE DISCOVERY ATTENUATION (UNTAINTED SOURCE ALSO AVAILABLE) DEF’S VOLUNTARY ACT BREAKS CHAIN OF CAUSATION GOOD FAITH WARRANT EXCEPTION IMPEACHMENT

GENERAL RULE REGARDING ADMISSIBILITY OF EVIDENCE AS LONG AS OFFICER IS IN A PLACE WHERE HE OR SHE HAS A RIGHT TO BE, DOING WHAT THEY HAVE A RIGHT TO DO, WHATEVER EVIDENCE IS FOUND, IS ADMISSIBLE

INVESTIGATION--SEARCH AND SEIZURE 4TH AMENDMENT PROHIBITS UNREASONABLE SEARCHES AND SEIZURES 4TH AMENDMENT DOES NOT REQUIRE WARRANT BUT DOES SET STANDARDS FOR THE ISSUANCE OF A WARRANT

SEARCH AND SEIZURE 4TH AMENDMENT IS INCORPORATED INTO THE 14TH AND THEREFORE APPLIES TO STATES

SEARCH AND SEIZURE CONSENTUAL ENCOUNTERS DETENTION ARREST PAT DOWN OR FRISK FULL SEARCH OF PERSON, HOME OR PROPERTY TAKING PROPERTY

PROBABLE CAUSE REQUIRED FOR MOST SEARCHES (BUT NOT ALL) REQUIRED FOR ALL WARRANTS REQUIRED FOR ALL ARRESTS

AFFIDAVIT STATEMENT UNDER PENALTY OF PERJURY, USUALLY IN WRITING MUST CONTAIN FACTS ESTABLISHING PROBABLE CAUSE CAN CONTAIN HEARSAY

INFORMANTS OFTEN FORM BASIS OR CONTRIBUTE TO ESTABLISHING PROBABLE CAUSE RELIABLE INFORMANTS UNTESTED INFORMANTS CONFIDENTIAL INFORMANTS ANONYMOUS TIPS

SEARCHES SEARCH: INTRUDING INTO A PLACE WHERE INDIVIDUAL HAS EXPECTATION OF PRIVACY MORE THAN A PAT DOWN PLAIN VIEW DOCTRINE

SEARCH WARRANTS PARTICULARLY DESCRIBE PLACE TO BE SEARCHED AND ITEMS TO BE SEIZED AS LONG AS OFFICERS OBEYING WARRANT, ANY CONTRABAND OR EVIDENCE OF CRIME CAN BE SEIZED, BUT CRIMINAL NATURE MUST BE APPARENT SUPPORTED BY AFFIDAVIT SHOWING PROBABLE CAUSE

SERVICE /EXECUTION OF WARRANT KNOCK-NOTICE REQUIREMENT NIGHT TIME ENDORSEMENT AFTER SEARCH, RETURN OF WARRANT TO COURT

EXCEPTIONS TO WARRANT REQUIREMENT EXIGENCY INCIDENT TO LAWFUL ARREST CONSENT PROBATION PAROLE CAR CONTAINERS IN CAR INVENTORY ADMINISTRATIVE SEARCHES PUBLIC EMPLOYEE OFFICE BORDER SEARCH PLAIN VIEW/FEEL OPEN FIELDS ABANDONED PROP

SITUATIONS (NO OVERHEAD) ENTRY INTO 3RD PERSON RESIDENCE TO SERVE ARREST WARRANT SIRHAN HYPO

SITUATION 3 POLICE GO TO HOME TO NOTIFY RESIDENT OF DEATH OF SPOUSE. POLICE KNOCK AND NO ONE ANSWERS. DOOR IS UNLOCKED. CAN POLICE OPEN DOOR AND ENTER?