QUESTIONS AND DETAILED SCENARIO
BREAKDOWN FULL REVIEW
◉ exclusionary rule. Answer: evidence illegally seized by law
enforcement officers in violation of a suspect's right to be free from
unreasonable searches and seizures (4th Amendment) cannot be
used against the suspect in a criminal prosecution
Weeks v. United States - Federal court
Mapp v. Ohio - State court
◉ Branches of Government. Answer: Legislative: lawmaking branch
of government. Senate & House of Representatives
Judicial: interprets the meaning of laws, applies laws to individual
cases, and decides if laws violate the Constitution. Comprised of the
Supreme Court and other federal courts
Executive: carries out and enforces laws. Includes President, Vice
President, the Cabinet, executive departments, & independent
agencies
,◉ Is a Terry Stop a seizure?. Answer: yes
◉ what do we need for a SW?. Answer: probable cause: reasonable
grounds to believe
◉ guidelines for a SW. Answer: must have PC
the complaint for the SW must be in writing and sworn under oath
include facts and circumstances:
- a crime has been committed
- particularly describe the evidence to be searched and seized
- particularly describe the place
*can ONLY search areas where the item to be seized could be placed
or hid
◉ Curtilage. Answer: an area which extends outside the intimate
activity of a person's home - outside the walls of the house
- front porch
, - back porch
- detached garage
- trash cans NEXT to the house
*may not enter that area unless you have a SW, consent, or have
exigent circumstances. 4th Amendment rights
◉ when can you search a trash can?. Answer: when it is at the
curbside; away from the "curtilage"
◉ Contraband. Answer: any object that a citizen may not lawfully
posses
- illegal drugs
- prohibited weapons
- gambling devices
- counterfeit money
- obscene matter for distribution
◉ Anticipatory warrant. Answer: based upon an affidavit showing
PC that at a future time, certain evidence of a crime will be located at
a specific place