4th class

Question 1

GATES test

Answer 1

• test for ANONYMOUS TIPSTERS
• “totality of circumstances” standard
• Aguilar is too technical for anonymous tipsters
• can be established by corroboration or detailed info.

THIS CASE REJECTED AGUILAR

Question 2

staleness

Answer 2

• PC must exist at the time the warrant is issued, that the items are at the location to be searched
• factors to consider:
  • AGE OF INFORMATION
  • continuing criminal activity
  • type of evidence sought
  • nature of location to be searched

STALENESS = NO PROBABLE CAUSE

Question 3

how to establish PC if information is stale:

Answer 3

• conduct surveillance
• conduct an undercover sting
• interview more witnesses and victims

Question 4

exclusionary rule:

Answer 4

• SUPREME COURT RULE
• excludes evidence from trial if obtained in violation of 4th amendment
• example: police enter home illegally, find cocaine, cocaine inadmissible.

Question 5

what is the purpose of the exclusionary rule?

Answer 5

• to deter police misconduct

Question 6

fruit of the poisonous tree doctrine:

Answer 6

• any evidence derived directly or indirectly from evidence that was in violation of the 4th amendment is also inadmissible.
• example: police illegally enter home, find map, map leads to dead body. Both map and dead body inadmissible.

Question 7

what are the exceptions to the exclusionary rule?

Answer 7

• no standing to object
• impeachment of the defendant
• good faith reliance on warrant
• foreign searches
• inevitable discovery of evidence

Question 8

standing to object

Answer 8

• defendant must have REP in the area searched to have standing.
• the evidence is admissible against the defendant if he has no standing.
  example: illegal entry into home, arrest of social visitors, evidence admissible against social visitors

Question 9

impeachment of defendant

Answer 9

• defendant takes witness stand to testify

- suppressed evidence is now admissible to contradict his testimony

Question 10

good faith reliance doctrine

Answer 10

• if an officer relies on a warrant issued by a judge, the evidence is admissible against the defendant even if another judge later determines that the warrant is invalid
• for “close call” cases where reasonable judges might be in dispute about whether PC exists

Question 11

exceptions to the good faith doctrine:

Answer 11

• knowingly provided statements in affidavit (LIES)
• biased judge
• affidavit clearly lacked PC
• invalid warrant (evidence inadmissible)

Question 12

when does the exclusionary rule NOT apply?

Answer 12

• Grand jury proceedings
• Sentencing proceedings
• Deportation hearings