Week 10 mini list + notes - Week 10 Mini notes Independent...

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Week 10 + Mini + notes Independent Sources Evidence will not be excluded if it is obtained independently and without reliance of any illegal police activity. Murray v. US (1988) – Federal agents was surveiling Murray and several others . They were seen driving a tractor-trailer rig, which had a long dark container. They soon saw Murray turn over the vehicles to other people, and the Federal agents lawfully arrested and seized the vehicles, and found marijuana in them. This info had several agents go to a warehouse and force an entry. They found the warehouse unoccupied, but saw bales, which they did not disturb. They got a search warrant, without mentioning the previous raid, or any evidence form it, and then executed the warrant, turning up more marijuana. Dissent says that, this ruling would allow police to just go in and “confirm” what they are looking for in a property is already there, without a warrant, then go through the hassle to get warrant later to get it. Independent Doctrine is : The interest of society in determining unlawful police conduct and the public interest in having juries receive all probative evidence of a crime are properly balanced by putting the police in the same, not a worse, position then they would have been in if no police error or misconduct had occurred. When the challenged evidence has an independent source, exclusion of such evidence would put the police in a worse position than they would have been in absent any error or violation. Basically, if they did something illegal once, but legally the second time, and having the 1 st time not affect anything in the 2 nd time, then the exclusion rule would not apply. Inevitable Discovery The theory that “the government must show that evidence would have been discovered through legitimate independent means. Government must prove this based on preponderance (lower than “beyond reasonable doubt”). If evidence was actually discovered through legitimate means, then “independent source exception” would apply. Nix v. Williams (1984) – William was convicted for murdering a 10 year old girl, and police officers managed to obtain a statement from William, but violated his 6 th amendment right to counsel. The statement lead to the girl’s body. Government said that the search party would’ve found the body anyways, the statement just made it easier (proved by a preponderance). Court admitted evidence, because it was inevitably going to be discovered through legal means. US v. Jackson – Defendant did not give voluntary consent to a search of his person, officers would have inevitably conducted a terry frisk and uncovered crack cocaine in defendant’s pockets. US v. Kennedy – Evidence discovered by airport police in an illegal search of lost luggage was properly admitted, because if they just returned the lost luggage to the airline, the airline would open it via policy to determine the identity of the owner. Inevitable Discovery Through a Hypothetical Inventory Search
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Week 10 mini list + notes - Week 10 Mini notes Independent...

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