Review

Standards of Proof Mere suspicion

Standards of Proof Reasonable suspicion

Standards of Proof Probable cause

Standards of Proof Preponderance of evidence

Standards of Proof Clear and convincing evidence

Standards of Proof Proof beyond a reasonable doubt

Standards of Proof Absolute certainty

Probable Cause For an arrest to occur need……

Probable Cause Tangible evidence that a crime has been committed

Probable Cause Belief that the person arrested committed the crime….

Probable Cause based on what a reasonable person would believe

Probable cause for a legal search Specific objects are connected with criminal activity

Objects will be found in the place searched Probable cause for a

Objects will be found in the place searched Probable cause for a

Based on what a reasonable person would believe Probable cause for a

Chapter 4 Exclusionary Rule

no unreasonable searches or seizures th Amendment

General Rule All relevant evidence is admissible.

Exceptions Prejudicial Confusing Redundant Exclusionary Rule

To deter the police... Exclusionary Rule

from violating people’s Fourth Amendment rights Exclusionary Rule

Applies Criminal Trials Prove Guilt

Exceptions to the Exception” Good Faith Judge Court Employee

More Exceptions Inevitable Discovery Purged Tainted Independent Source

Time Out! Just suppose….

You’re driving home from tonight’s class from the college

Just suppose…. Police have set up a DUI checkpoint between the school and the main highway

Just suppose…. As you approach the checkpoint, an officer directs you to pull over

Just suppose…. He then orders you out of your car and asks if you “mind” him searching your vehicle?

Just suppose…. Do you have the right to say no? How comfortable would you be refusing the search?

Just suppose…. You object to the search. He searches anyway

Just suppose…. He finds a cell phone that is reported stolen.

Just suppose…. Admissible?

Just suppose….