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Some 4th Amendment Rules & Kyllo

Some 4th Amendment Rules & Kyllo - Some 4th...

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Some 4 th Amendment Rules If there is reason to believe that there is evidence of a crime on the premises of a newspaper, the 1 st Amendment does not preclude a search if the 4 th amendment probable cause req’ts are met. Zurcher v Stanford Daily (1978) Evidence seized in violation of the 4 th Amendment is inadmissible in Federal Court. Elkins v US (1960). The Due Process clause of the 14 th amendment incorporates the protections of the 4 th amendment and makes them applicable to the states. Mapp v Ohio (1961) Good Faith exception: The exclusionary rule does not bar admission of evidence obtained w/in the scope of the warrant even though the warrant is invalid (e.g., no probable cause) IF: (1) the warrant was issued by a detached and neutral magistrate, and (2) the requesting officer was neither dishonest nor reckless in preparing the affidavit and had an objectively reasonable belief that the warrant was valid. US v Leon (1984) 4 th amendment applies to unauthorized seizure of physical evidence, interception of verbal communications, and observation of matters through an unauthorized invasion of privacy.
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  • Fall '08
  • BurkeChristensen
  • Fourth Amendment to the United States Constitution, amendment search, warrantless visual surveillance

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