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Sect 832 covers complaints by the public
requires all law eforcement to establish a compliant process
is there a protection for false reports
in the admonishment, you must tell the complaining party that if this is a false claim they can be guilty of a misdemeanor, information avail to officer. admonisment only for on duty action
4 amendment both the US and California constitution prohibit what of peoples houses and personal property
unreasonable search and seizues and seizues of people
the right of the people to be secure in their ? against unreasonable search and seizues shall not be violated and no ? shall be issued without ? supported by ? and ? or ? to be seized
- persons houses, papers and effects
- probable cause
- oath or affimation and particularly describing the place to be searched, and the persons or things to be seized.
a search occurs when?
A Seizure of a person occurs?
A Seizure of property occurs?
The 4th amendment is not violated unles a legitimate expectation of ? is infringed
- government officer infringes upon an expectation of privacy that society considers reasonable.
- 1. when a peace officer physically applies force
- 2. when a person voluntarily submits to a peace officers authority
- when there is meaningful interference with an individuals possessory interest in that property.
can a private citizen violate the 4th amendment
can the th be violated by an accidential search?
- no must be by a government or its agents.
- no must be intentional also the 4th does not mandate that police officers act flawlessly but only that they act reasonably
the elusionary rule
this is a 1538 motion or 700 w&i(suppression hearing) however first the defendant must establish they had standing on the item seized. The prosecutor must prove search was justified
what does the court have to do in a suppression hearing
- 1. wheather the polie acted legally, S&S reasonable or unreasonable.
- 2. if the search unreasonable must decide if the evidence must be suppressed
- note exclussionary trial are for violations that produce illegally obtained evidence
two additional considerations before exclusionary rule will be invoked
- 1. wheather the evidence was obtained as a direct result or exploitation of the illegal police conduct considerations of attenuation or intervening circumstance.
- 2. wheather the evidence would have been legally discovered anyway (4th violation can result in civil action inculpatory statements just like tangible evidence can be the fruit of an illegal search.
does a person committing a criminal act upon an officer immunize this crime?
Does exclusionary rule apply to civil issues
- does not immunize criminal act upon officer.
- exclusionary rule only applies to criminal actions.
what has prop 8 done regarding evidence seized
prop 8 elimiates california state grounds as long as there is no violation of the 4,6,14 amendments the evidence will be admitted
what is tricky about extablishing standing
- 1. wheather the defendant has a property or possessory interest in the item or area seized.
- 2. wheather he has the right to exclude others from that place.
- 3. wheather he has exhibited a subjective expectation that it would remain free from governmental invasion
- 4. wheather he took normal precautions to maintain his privacy
- 5. wheather he was legitimately on the premises.
you are at a hotel room, a person in it, has not rented the room, says he is just visiting, and opened the door per knock and notice. the room was rented with a stolen credit card. does the person have the right to stop the search
no, through questioning establishment of their legal standing must be determined.
can a cardboard makeshift house on the public street be searched?
the person in the makeshift home lacks standing if he is on public property without permission and in violation of the law.
does an overnight guess have standing? at a home
does a baby sitter have standing when she is working?
a regular visitor who has a key have the right to challange a search
overnight guest has standing of his guest room, but does not necessarily have standing over home. yes on the baby sitter and regular visitor.
visitors: to a house and has full use?
a person evading officers to a friends house to dump the dope
short term access to the property lacks standing. However, an absent owners does have the right to challenge as well as a person who has not been evicted properly, and the driver of a car but not the passenger
computer owner who bought it with a stolen card.
purse in stolen vehicle
what if the car was a leased vehicle.
unauthorized driver of leased vehicle.
store clerk over area in the store
stranger alone in a yard refuse entry to the yard
son seen hiding drugs in moms yard
motel occupant where search granted by room mate even if they are illegally detained in a car
relative who you gave gun to
search warrant done after evidence in a third parties car lead to your location.
unclaimed gym bag that turned out to be yours and was next to you
overnight guess claiming did not know what was under ottoman.
having authority to a locker or storage but did not use it in awhile
he says he rented the location that was a stash house but did not prove it.
person who puts tool box in a location and locks it with his lock and has the key
homeless person whos boxes are stored in a garage
- YES remember establish relationship between the item and the person.
Good Faith Exception
court will look at weather a resonably well trained officer would have known that the search was illegal. in light of all circumstances it will look at all objective facts only not the officers subjective intent or belief.
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