Preponderance of the Evidence Plaintiffs burden in civil matters burden to

Preponderance of the evidence plaintiffs burden in

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Preponderance of the Evidence: Plaintiff’s burden in civil matters; burden to establish a “knowing, intelligent & voluntary” waiver of most unconstitutional rights; burden for establishing exceptions to the Exclusionary Rule Clear & Convincing Evidence: Plaintiff’s burden in some civil matters; Defendant’s burden for establishing insanity; Govt’s burden to civilly commit a dangerous person Beyond a Reasonable Doubt: Prosecution’s burden to establish each element of a criminal offense Beyond all Doubt: absolute certainty NOT required at any stage in the criminal justice process. CRIM211-001 August 29, 2018 4 th Amendment “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search 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.” The fourth amendment requires that a search warrant or arrest warrant be based upon “probable cause” PC for arrest: more likely than not that a violation of the law has been committed and that the person to be arrested committed the violation
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PC for search: more likely than not that specific items to be searched for are connected with criminal activities AND that these items will be found in the place to be searched Protected Places? Police must generally obtain a warrant to search areas where the suspect has a “reasonable expectation of privacy” Must show: o An actual, subjective expectation of privacy in the area AND o That expectation is one which society recognizes as reasonable. Search Warrant Requirements Issued by a neutral judicial officer (judge or magistrate who has no stake in the outcome of the case) AND Contains a description of the premises to be searched and the items to be seized. Any items that is subject to a valid search warrant may be seized by police executing the warrant. Execution of the warrant must be done in a reasonable manner. What triggers litigation? Generally starts when search is conduted, & evidence seized. After the suspect is arrested, the suspect tries to show at a “Suppressing Hearing” that conducted search violated the 4 th Am. If suspect prevails, evidence obtained will be excluded at trial. Mapp v. Ohio (1961) Invalid arrest usually NOT a defense. Unconstitutionally of arrest, unlike that of a search, cannot serve as a defense except in very few cases of shocking or violent police conduct. The fact that arrest violated the 4 th Amendment doesn’t preclude trial and/or conviction of the defendant Frisbie v. CO Good Faith Exception Usually, if a search warrant is invlid (no supported by PC), any search done pursuant to it would violate with the 4 th Am, and would be excluded. Plain View Doctrine “An object falling in the plain view doctrine of an officer who has the right to be in the position to have that view are subject and may be introduced in evidence” Harris v. U.S.
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  • Spring '14
  • criminal law, Supreme Court of the United States, Fourth Amendment to the United States Constitution, Trial court

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