Criminal Assay 1-1

Question 1

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What are the required six elements to argue Searches and Seizures (The Fourth Amendment)

Answer 1

1. Fourth Amendment
2. Government Action
3. Reasonable Expectation of Privacy
4. Warrant Requirement
5. Exclusionary Rule
6. Fruit of the Poisonous Tress

Question 2

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Fourth Amendment

Searches and Seizures

Answer 2

The Fourth Amendment protects against unreasonable searches and seizures where there is government action and the property or place searched or seized is one in which D has reasonable expectation of privacy.

Here, the drug-detecting dog’s actions, the viewing of the small box, and the overheard conversation will all be analyzed to see if D’s Fourth Amendment rights were violated.

Question 3

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Government Action

A police officer and items

Answer 3

Here, X is a police officer and thus there is government action for all items below.

Question 4

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Reasonable Expectation of Privacy

Answer 4

Reasonable expectation of privacy will be addressed with each item below.

Question 5

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Warrant Requirement

Principal and Exception

Answer 5

A warrant is required for all searches and seizures unless an exception applies.

Here there was no warrant so an exception will be needed if the Fourth Amendment is applicable to these searches and seizures (which will depend on whether there was a reasonable expectation of privacy in the places and items searched as discussed below).

Question 6

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Exclusionary Rule

Answer 6

The exclusionary rule is a judge-made rule that prohibits the prosecution from introducing evidence obtained in violation of a defendant’s Fourth, Fifth, or Sixth Amendment rights.

Here, if any of the actions violate the Fourth Amendment, then the evidence obtained will be excluded.

Question 7

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Fruit of the Poisonouse Tree

Answer 7

Evidence that is found as a result of the original wrongfully obtained evidence is also inadmissible unless:

(1) the evidence obtained could have been obtained from an independent source;
(2) the evidence obtained would inevitably have been discovered; or
(3) additional factors intervened between the original illegality and the final discovery so that the link is too tenuous.

All actions will be analyzed with these doctrines in mind.