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| Existence of the government will be imperiled if it fails to observe the law scrupulously. |
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| Applied the exclusionary rule to the state level by ways of the due process clause of the 14th amend. |
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| Did not fashion a rule of exclusion of evidence illegally seized or procured, but the use of such illegally seized evidence was deemed to create reversible error in Boyd's case. |
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| Convicted on evidence illegally taken from his residence; Court had the effect of telling federal law enforcement agents that seizures of evidence made in the future must be in compliance with the 4th amend. or the evidence would not be admitted in FEDERAL court-exclusionary rule |
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| To deter unreasonable searches, not matter how probative their fruits; designed to limit federal law enforcement officials |
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| The transfer of evidence since the exclusionary rule did not apply to state officials (venue shopping) |
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| Fruit of the Poisonous Tree Doctrine |
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| permits a defendant to exclude evidence seized from locations where the defendant possessed no constitutional expectation of privacy |
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| Court held that the evidence in the second location would never have been discovered "but for" the agent's initial violation of the defendant's rights under the 4th amend.; following both evidence illegally seized and evidence discovered by exploiting info learned form illegal entry are not allowed in court if rights were initially violated |
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| So long as sufficient untainted evidence supports the existence of probable cause, warrants obtained in situations where the government has committed illegal activities will not result in the fruits of the searches being suppressed. |
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| Allows trial court introduction of evidence obtained or discovered during an illegal search ans seizure so long as the evidence was later obtained independently from proper law enforcement activity, untainted by the initial illegality. |
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| Since the illegally obtained information was not used as part of the foundation for probable cause and was not included on the affidavit for a search warrant, the Supreme Court approved the warrant-based search |
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| Exclusion of physical evidence that would inevitably have been discovered adds nothing to either the integrity or fairness of a criminal trial and should be admitted against a defendant. |
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| Rule of Inevitable Discovery |
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| Where law enforcement officers find evidence through illegal means but would have discovered the same evidence through legal means, the evidence should not be excluded from use at trials. |
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| Where the evidence has been illegally seized, the prosecution may argue that although the evidence was obtained in violation of the Constitution, it has been "purged" of its taint because sufficient time and/or events have transpired since the search or discovery |
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| To permit evidence under Doc. of Attenuation... |
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| A strong event or situation or a sufficient separation of time and event must have intervened that has a great force and effect to break the causation chain that originally existed between the government's illegal conduct and the defendant's act of offering of incriminating evidence |
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| Where police act in "good faith", the exclusionary rule cannot have its deterrent effect. |
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| Involved thermal scanning of a private home by police without a warrant. Held that the good faith of the officers in conducting the original thermal imaging search operated to allow the introduction of the MJ-growing operation, supporting forfeiture. |
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| The search of the home followed receipt of information that indicated that Scott had been in violation of conditions of his parole (Parole Revocation Hearing) |
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| Bivens v. Si Unknown Named Agents |
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| Unlawful entry without PC of Biven's apartment. Arrested for possession of narcotics. Claimed to have been humiliated and embarrassed by fed. officers so filed a suit for damages. |
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| Where the exclusionary rule offers no legal remedy for alleged federal government misconduct, a direct suit against the officers may be the only remedy |
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| Held that a mere guest riding in a passenger car had no expectation of privacy in the automobile, since he did not assert that he was either an owner or a lessee of the vehicle. |
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| Standing was considered automatic where the defendant had been charged with a crime involving possession or was legitamately on the premises. |
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| Does not ensure suppression of the evidence, it only allows that individual the opportunity to argue that the evidence should be excluded based on a violation of the Fourth Amendment. |
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| Supreme Court held that when a driver is stopped, the passenger is also seized because police are not likely to allow a passenger to walk away from the car without asking questions, especially if officers believe they might be involved in some common enterprise. |
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| Since the apartment was a place to do business, this does not support a legitimate expectation of privacy under the 4th amend. so this does not support standing |
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| Court upheld the existence of a 4th amend. expectation of privacy because the defendant was legimately on premises as an overnight guest = level of privacy = standing |
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| Since the defendant was not an authorized driver, either by the contract renter or by the rental company, he had no standing to contest the search of the car that revealed cocaine and heroin, and the drugs were properly admitted against him in court |
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