Remedies for 4th Amendment Violations Flashcards Preview

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Flashcards in Remedies for 4th Amendment Violations Deck (9)
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1

Standing

Preliminary question whether the litigant has a right to bring the action as a violation of a constitutional provision

2

Rakas v. Illinois

R and another were convicted based on evidence seized from a locked glove compartment and from under front passenger seat in automobile in which they were riding as passengers. Whether you have standing depends on whether you have been an actual victim of police conduct. D must establish a legitimate expectation of privacy in areas searched or items seized.

3

Minnesota v. Carter

C and another were at a third party's apartment for approximately 30 mins to package cocaine. Residential visitors, on premises for only a short time and who claim no connection to host other than to transact business, have no legitimate expectation of privacy under 4th amendment

4

Exclusionary Rule

Excludes or suppresses evidence obtained in violation of an accused person's constitutional rights

5

Fruit of the Poisonous Tree Doctrine

Evidence derived from illegal search, arrest or interrogation is inadmissible because evidence (the fruit) was tainted by illegality (poisonous tree)

6

Independent Source Rule

Exception to exclusionary rule. As an exception to the fruit of the poisonous tree doctrine, that evidence obtained by illegal means may nonetheless be admissible if prosecution can show that evidence would eventually have been legally obtained.

7

Inevitable Discovery Doctrine

As an exception to the fruit of the poisonous tree doctrine, evidence obtained by illegal means may nonetheless be admissible if prosecution can show that evidence would have eventually been legally obtained.

8

Attenuation (of dissipation of taint) Doctrine

When intervening circumstances or sufficient amount of time passes between illegality, evidence may be introduced on grounds that taint of illegality has dissipated. Dissipation of taint factors: length of time that has passed between illegality and seizure of fruit in question, flagrancy of initial misconduct, existence or absence of intervening causes of seizure of fruit, presence or absence of act of free will by D resulting in seizure of fruit

9

Good Faith Exception

Evidence obtained under a warrant later found to be invalid is nonetheless admissible if police reasonably relied on notion that warrant was valid. When executing warrant, reasonable well trained officer would know that it was legal in spite of magistrate's mistake