the exclusionary remedy/history of FA

Question 1

what two key roles does the FA play in the American legal order?

Answer 1

1. Law’s chief source of privacy protection
2. Regulates police for the most part

Question 2

what does the FA say/protect?

Answer 2

the right of the people to be secure in in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

Question 3

three themes to keep in mind for this class

Answer 3

1. Doctrines: doctrines adopted by judges
2. Cases where facts happened years before the opinion (Ie the tech might have changed between the time of the facts and the writing of the opinion )
3. If you think the court got the balance between lax and strict wrong, think about why you think it was wrong

Question 4

with the entick/wikes and writs of assistance cases, what were the writers of the FA trying to remedy?

Answer 4

issuance of general warrants

Question 5

what is the exclusionary rule?

Answer 5

All evidence obtained by searches and seizures in violation of the constitution is by that same authority, inadmissible in a state court.

Question 6

what kind of evidence does the exclusionary rule apply to?

Answer 6

incriminating evidence; if no incriminating evidence, nothing for the d to exclude

Question 7

what is the rule from mapp

Answer 7

all evidence obtained by searches and seizures in violation of the constitution is by the same authority inadmissible in a state court

Question 8

how did the exclusionary rule change from wolf to mapp (the official rule)?

Answer 8

wolf - exclusionary rule not incorporated against the state fourth amendment

mapp – court reasoned that wolf does not apply bc times have changed and states need the exclusionary rule too; courts can no longer trust states to do it on their own

Question 9

three purposs of the exclusionary rule?

Answer 9

1. deter
2. avoid conflict between state and fed autoirty
3. judicial integrity

Question 10

what is another way to think of the exclusionary rule?

Answer 10

Excludes evidence when that evidence is a RESULT of that unlawful search/seizure

Question 11

explain the deterrence rationale for the rule

Answer 11

excluding illegally obtained evidence discourages law enforcement from violating constitutional rights by removing the incentive to do so.

Question 12

explain avoiding conflict btween state and fed authoirty rationle for the rule

Answer 12

The court is trying to square the playing field (ie before state courts could use illegal evidence but federal courts could not)

Question 13

judicial integrity rationale for the rule?

Answer 13

Nothing can destroy a gov more quickly than its failure to observe its own laws

Makes courts less legit if it ignores lawbreaking of government agents

Question 14

does the application of the rule depend on the severity of the crime?

Answer 14

NO!

Question 15

does the rule apply if there is no prosecution of the defendant?

Answer 15

no!

Question 16

draw the flowchart for the exclusionary rule

Answer 16

check