QUESTIONS AND ANSWERS REVIEW PACK
◉ Probable Cause that needs corroboration
Answer: Anonymous sources, confidential informants
◉ Ways to corroborate PC sources
Answer: 1st hand info, previous reliability, predictable info,
statements against interest, degree of detachment
◉ Makes PC reliable
Answer: Timeliness, how long ago was the info obtained?
◉ Helps corroborate PC
Answer: Who, what, when, where, how?
◉ Exclusionary Rule
Answer: Evidence obtained in violation of the 4th amendment is not
admissible in court (Fruit of the poisonous tree)
◉ Exclusionary Rule exceptions
,Answer: Standing, Good Faith, Inevitable discovery, impeachment,
and foreign searches
◉ Standing
Answer: Only the defendant with violated 4th rights can benefit,
must be proven with REP
◉ Good faith
Answer: Only applies when an officer reasonably relies on a mistake
made by someone else
◉ Inevitable discovery
Answer: Government proves they would have found the evidence
anyway, no need to suppress it because it would have been found
anyway
◉ Impeachment
Answer: When defendants choose to testify, they must testify
truthfully or suffer the consequences
◉ Foreign searches
Answer: 4th does not apply to a foreign search as long as it was not
solicited by USA
, ◉ How do you obtain an arrest warrant?
Answer: Complaint, information, indictment
◉ Complaint
Answer: Probable cause from a LEO
◉ Information
Answer: Probable cause from a US attorney
◉ Indictment
Answer: Probable cause from Grand Jury charges
◉ Who does the 4th amendment apply to?
Answer: The government when a search is conducted
◉ Who is the government in relation to the 4th amendment?
Answer: Cops, agents, undercover agents, and confidential
informants. Citizens acting as an instrument or agent of the
government or under the direction of a government agent
◉ What can be searched?
Answer: Persons, dwellings, papers, and effects