Criminal Procedure

Question 1

Exceptions to the warrant requirement

Answer 1

ESCAPES:

• Exigent circumstances (hot pursuit, immediate danger)
• Search incident to lawful arrest (wingspan)
• Consent
• Automobiles (inventory search, PC)
• Plain view (at lawful place, incriminating character immediately apparent)
• Evidence from administrative searches (admin warrants, warrantless admin searches)
• Stop & frisk

Question 2

Exceptions to the exclusionary rule

Answer 2

GIAIKI:

• Good faith
• Independent source
• Attenuation in the causal chain
• Isolated negligence
• Knock & announce
• Inevitable discovery

Question 3

Warrant requirements

Answer 3

Based on probable cause
Supported by oath or affidavit
Issued by neutral & detached magistrate
Particularly describes place to be searched/items to be seized