notes from crim law exam 3 - Criminal Law and Procedures...

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Criminal Law and Procedures Notes for Nov.2 nd through Nov. 16 th 2010 Criminal Procedures 1. 4 key concepts- a. Exclusionary rule: i. A court created remedy for violations of the 4 th ,5 th , and 6 th amendments 1. Therefore not constitutionally mandated 2. Because it is court created they can do what they want with it ii. Any evidence obtained by an illegal search or seizure is not admissible in a criminal proceeding as proof of guilt iii. Its purpose is to deter government agents from violating people’s constitutional rights. 1. Only applies to government officials and not private people a. Security guards: applies to them if they are off duty cops iv. Court cases: 1. Weeks v. United States 1914 a. Rules apply to federal agents and federal courts b. Silver platter problem: federal officials got state people to search and seize illegally and then gave the feds any evidence they found for use in court since it was not gotten by federal agents 2. Mapps v. Ohio 1961 a. Extends the rule to state law enforcement and courts b. Ends silver platter problem v. Scope 1. All evidence illegally obtained must be excluded 2. The use of other evidence that has been acquired directly or indirectly as a result of an illegal search or arrest is not allow either 1
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a. Fruit of the Poisonous Tree: i. Example: an officer goes into a house with no search warrant or probable cause and finds a map with an “X- Body is here.” The officer then goes and finds the body and other evidence. All evidence will be lost because the house was illegally searched. vi. Argument 1. For: a. Judicial integrity- to keep the courts from becoming accomplices in the willful disobedience of the constitution they are sworn to uphold b. Deter law enforcement from violating those amendments 2. Against: a. States rights- the rule is just one remedy and only a court created one, the stated should be able to choose which one they would like to use b. Constable blundered so the criminal goes free- just because the law messed up doesn’t get criminal out free (there may be other evidence) vii.Where the rule doesn’t apply 1. Before trial proceedings a. Grand juries, preliminary hearings, and bail hearings 2. After trial a. Sentencing or parole hearings 3. Civil cases 4. At administrative cases viii. Dissipation of the taint 1. Inevitable discovery: would have found the evidence regardless of the illegal conduct a. Example: A person is arrested for murder but there is no body yet. The officers have given no Miranda warnings, but the guy confesses. The officers are already searching in the right area for it, they just have to redirect and then they it.
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Criminal Law and Procedures Notes for Nov.2 nd through Nov. 16 th 2010 2. Independent source: evidence was obtained from an independent source not connected to the illegal activity a. Example: Police discover evidence during an illegal search but then later discover the same evidence during a valid search when the second search is totally independent from the first. 3.
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This note was uploaded on 11/23/2010 for the course LAWE 231 taught by Professor Burum during the Spring '08 term at Minnesota State University, Mankato.

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notes from crim law exam 3 - Criminal Law and Procedures...

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