4th Amendment Unreasonable Search & Seizure

Exclusionary Rule
Arrest Warrants
Search/Seizure
Wiretapping
how to determine if D has 4th Am right
Remedy for illegal search/seizure
Limits to Exclusionary Rule
N/A to grand juries
N/A to civil procedures
N/A to parole revocation proceedings
impeachment
fruit of unwarned confessions
good faith reliance
violations of "knock & announce"
non-mirandized voluntary
fruit of illegal search
all evid. obtained or derived from exploitation of illegally obtained police is excluded
Exceptions
independent source
inevitable discovery
intervening acts
will not exclude evidence where police act reasonably to obtain warrant
Limitations
affidavit lacking in probable cause
warrant fails to state place to be searched & things to be seized
officer lied or misled judge
judge wholly abandoned his role
D is subject to physical restraint
warrants not needed in a public place
needed to arrest in D's home
proper/valid search warrant
exceptions
based on proper cause
precise on its face
issued by a neutral and detached magistrate
State Action
search/seizure
reasonable expectation of privacy (REP)
Approach to look for*
arrest must be by publicly paid police OR
private ind. acting at direction of public police
location of where D was found
location of the item seized
D's efforts to maintain privacy
does D have 4th Am right?
did police have proper/valid search warrant?
does it fit w/in 1 of 6 exceptions

	Created by avs60 about 10 years ago

	Copied to Note by avs60 about 10 years ago

Note on Criminal Procedure - created from Mind Map, created by avs60 on 03/30/2014.

Criminal Procedure - created from Mind Map