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Ch10, U.S. v. Leon, Part 1 Lecture Notes (11.1.09)

Ch10, U.S. v. Leon, Part 1 Lecture Notes (11.1.09) -...

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Chapter 10, Part 1 Chapter 10, United States v. Leon Part 1, Lecture Notes Lesson : Relevant Factual Knowledge Does Not Yet Exist Example : Deterring Illegal Police Behavior Case: United States v. Leon Court: U.S. Supreme Court U.S. Constitution’s 4 th Amendment “The right of the people to be secure 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” Probable cause means that circumstances exist which would lead a reasonable person to believe that a crime has or will be committed The belief must be based on facts. A hunch is not good enough to obtain a warrant Exclusionary Rule In 1914, the U.S. Supreme Court created the Exclusionary Rule to strengthen 4th Amendment rights According to this rule, the Government was not entitled to use at trial evidence against a defendant that it had obtained in violation of the 4th Amendment The assumption was that when police hear of courts excluding evidence on the basis of improperly obtained or executed search warrants, they will be more likely in the future to produce more truthful and reliable sworn statements that form the basis for the warrant application Facts of Case August 1981, a confidential informant of unproven reliability informed a Police Office that: Two persons known to him as Armando and Patsy were selling large quantities of cocaine and methaqualone From their Burbank, CA residence at 620 Price Drive Approximately 5 months earlier, he had witnessed a sale of methaqualone by Patsy at the residence and had observed a shoe box containing a large amount of cash that belonged to Patsy Armando and Patsy supposedly kept only small quantities of drugs at their residence and stored the remainder at another location in Burbank Cars parked at the Price Drive residence were determined to belong to: 1
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Chapter 10, Part 1 Armando Sanchez , who had previously been arrested for possession of marihuana Patsy Stewart , who had no criminal record Ricardo Del Castillo , who had previously been arrested for possession of 50 pounds of marihuana A check of Del Castillo 's probation records led the officers to Alberto Leon ; Del Castillo had listed Leon ’s telephone number as that of his employer Leon had previously been arrested on drug charges, and was believed to be heavily involved in the importation of drugs into this country Leon was living at 716 South Sunset Canyon in Burbank Burbank officers knew that an earlier informant had told a Glendale police officer that Leon
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