Limitations on Exclusion Flashcards
(58 cards)
Good faith exception cases
- Leon
- Krull
- Evans
- Herring
- Davis
Leon is about ___
facially invalid warrants
Krull is about __
facially constitutional statutes later found uncon
Evans is about __
court clerk/employee errors
Herring is about ___
negligent errors made by another police employee
Davis is about ___
binding appellate precedent
When source of error lead to 4A violation is someone other than LE, ___
probably good faith exception
In Leon, the trial court had found the ___
warrant affidavit insufficient to support PC
Leon rationalizes that point of exclusion is deterrence but __
here nothing diff for police to do
Leon opens up the possibility that judges could __
not decided difficult 4A cases and could decided on good faith ground
Brennan dissents in Leon to say __
exclusion should be part of 4A right and not just remedy, judicial integrity
Officer only able to find warrant for controlled substances but this homicide investigation. Crosses out controlled substances on first page but not second where judge signs. Judge approves and promises to fix. Judge doesn’t fix
Ct says entitled to believe judge would take care of it
Officer only able to find warrant for controlled substances but this homicide investigation. Crosses out controlled substances on first page but not second where judge signs. Judge approves and promises to fix. Judge doesn’t fix. Argument against good faith
if officer had read would’ve found facial error, they both made mistakes
Herring facts
police officer called sheriff’s employee to see if outstanding warrant
Herring says no deterrence _____
for negligent mistakes
Despite Herring if the police have __ or ___ exclusion applies
been negligent in maintaining warrant system, knowingly made false entries
Officer suspected car carrying drugs but no RS or PC. Wrote down license plate and relayed numbers but didn’t follow policy to use codewords and dispatcher misheard. Ran plate and said it belonged to different truck than what officer was seeing.
Mistake but made by cop rather than county clerk so exclusion could potentially deter.
Officers are looking into potential illegal activity in a hotel. Rented a room to surveil. Get checked into a room believed to be vacant but there is a suitcase and a jacket. Go into room and call down to the desk to alert front desk. Other officer idly opens TV cabinet and finds cocaine. Later D arrives at hotel says he said paid in the morning to stay for another day.
Is deterrence served by suppression
Also maybe reasonable not to poke around rooms not theirs
Could argue REP in room
Davis says the sole point of exclusion is LE deterrence and there is no deterrent effect in suppressing evidence ___
discovered by police following proper practice at the time
Griffith says that new rules for conduct of crim prosecutions are supposed to ___
apply retroactively to all cases pending on review or not yet final
To have standing for suppression you must be ___
- person police using evidence against
AND
person whose 4A rights violated
Carter says that social guests in host’s home ___
usually have standing bc REP in area searched
Standing technically not doctrine in 4A but shorthand for -__
violation of 4A
Jones is about ___
target theory
