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What is the Exclusionary Rule?
A remedy for a violation of the Fourth Amendment against unreasonable search and seizures
Fourth Amendment Violation Analysis?
- Was there a search?
- Was there a seizure?
- Was the evidence used?
- Was the evidence used by the government?
- Fourth Amendment Violation?
Rights Found Within the Fourth Amendment?
- Speedy trial
- Public trial
- Jury trial
- Informed of nature and cause of accusation
- To be confronted with witnesses against him
- To subpoena witness in his favor
- Assistance of counsel
Katz (Expectation of Privacy) Test
A person must have exhibited an actual (subjective) expectation of privacy.
The expectation must be on that society is prepared to recognize a reasonable. (objective)
Definition of an Open Field
Any unoccupied or undeveloped area outside of the cartilage of a home
A thickly wooded area MAY qualify.
Curtilage is the land immediately surrounding and associated with the home
Supreme Court Open Field Doctrine Factors
The proximity of the area claimed to be cartilage to the home
Whether the area is included within an enclosure surrounding the home
The nature of the uses to which the area is put
The steps taken by the resident to protect the area from observation by passersby
Open Fields Doctrine
- Entry of an open field does not implicate the Fourth Amendment
- May include any unoccupied or undeveloped area outside of the cartilage of a home
- Need be neither “open” nor a “field”
What is a seizure?
Occurs when there is some meaningful interference with an individual's possessory interest in a piece of property.
Probable Cause to Search
When the facts and circumstances withint the officer's knowledge and of which they have reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that evidence subject to seizure will be found in the places to be searched.
Probable Cause to Search
When the facts and circumstances within the officer’s knowledge and of which they have reasonably trustworthy information are sufficient in themselves to warrant a man reasonable caution in the belief that an offense has been or is being committed by the person to be arrested.
Aguilar/Spineli Probable Cause Test
What is the basis of knowledge of the informant’s conclusion?
Veracity: What proves that the informant's conclusion is credible and his information is reliable.
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