Remedies for Fourth Amendment Violations Flashcards
Remedies
1) Exclusionary Rule
2) Fruit of the Poisonous Tree
3) Independent Source
4) Inevitable Discovery
Policy for Exclusionary Rule:
◊ Deterrence for officers
◊ Needs of Federalism
} If easier to get stuff in State court it would reduce the deterrent effect
◊ Judicial Integrity
} Tainting proceeding
◊ 5A support for not using evidence against a D
Policy Against Exclusionary Rule:
◊ Judicial Integrity } Shouldn’t all evidence be put forth to the jury for ascertainment of truth ◊ State should make the call ◊ No explicit 4A remedy in Const. -Doesn't actually deter police conduct
Exclusionary Rule is Concerned with:
Privacy
Standing for Exclusionary Rule:
® Only applies to:
◊ The D in a Crim case
◊ When personal 4A rights have been violated
◊ Where the D had privacy in the place searched
-Mere ownership of evidence is not enough
REOP in another person’s home under Exclusionary Rule?
-Doesn’t apply if going to house on business (commercial nature not protected)
® Overnight guest has a reasonable expectation of privacy
◊ Sleeping is the important factor
REOP in another person’s car under Exclusionary Rule?
® Guns/bullets found in car, which were not owned by driver and passenger (including the car), cannot be excluded because their 4A rights weren’t violated bcuz it wasn’t their car, bullets, or guns.
◊ Mere presence doesn’t grant standing
◊ Product of unlawful seizure, not unlawful search
REOP in another person’s belongings (such as a purse) under Exclusionary Rule?
D had no privacy in the womens purse where he stashed the drugs, therefore he had no expectation of privacy
Fruit of Poisonous Tree Analysis
® Did the illegality cause police to find the evidence that the claimant seeks to suppress?
◊ Has the taint attenuated?
◊ Is there an independence source argument?
◊ Can the police argue inevitable discovery?
Factors in determining if the taint attenuated
} Length of time between illegal act and obtaining evidence
} Physical Distance?
} Flagrancy of Illegal Act and Officers Conduct
} Presence of intervening causes
} Presence or absence of coercion and free will in obtaining evidence
} Disconnect between violation and suppression as a remedy
Police search Leonard’s home illegally. They find no evidence of crime there, but they do find, on a slip of paper, the address to Joan’s home. Joan was not previously a suspect. Police go immediately to Joan’s home, and search it illegally as well. There they find drugs and documents that Joan and Leonard are engaged in a narcotics conspiracy. Which is true?
A. At Joan’s trial, the court will suppress the slip of paper.
B. At Leonard’s trial, the court will suppress the drugs and documents
B. At Leonard’s trial, the court will suppress the drugs and documents
Good faith Analysis - Not going to apply good faith when?
a) Falsified affidavit
b) Judicial officer “wholly abandoned judicial role”
c) So lacking of PC and facially deficient, that a reasonable officer could not rely upon on good faith
i) Cant lie about facts or omit
Evidence seized as a result of an illegal arrest…
is the fruit of the poisonous tree
Independent Source Doctrine
◊ Whether the search pursuant to the warrant was a genuinely independent source of information and tangible evidence
◊ There was a concern whether police will fabricate an independent source like a tip (But this will piss a judge off)
Deterrence
◊ This is discussed in every case
-Independent Source Doctrine has a deterrent value
