(1968) In other words, objects on private property that can be seen from public places, by police, do NOT constitute 4thAm violation Plain view has been expanded to include other senses- smell, hearing, touching, etc. oPolice legally allowed to be present oItem in plain view oIllegality readily apparent Arrest Warrant Despite existing in all jurisdictions, not widely used because there are fewer circumstances where courts have held their use to be a constitutional requirement. This is also true when police have sufficient advance notice so that obtaining an arrest warrant wouldn’t jeopardize arrest Lone Exception to Previous Slide AW constitutionally required when police seen to enter a private premises to arrest a suspect
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W/O “exigent circumstances”, police cannot enter a private home to make an arrest payton v. NY(1980). Entry into private home is extreme intrusion, an entry to make an arrest is nearly an intrusive as an entry for a search Major consequence of invalid arrest is often evidence taken during arrest will not be admissible against defendant. Warrantless arrests are by far more common No arrest warrant is required as long as suspect isn’t arrested in his/her home Police MUST still have PC to arrest with or without a warrant Exception: there is no arrest warrant needed to go into a private home when police are in ‘hot pursuit” or “exigent circumstances” exist Types of Warrantless Searches Search incident to arrest Inventory Search Exigent Circumstances Plain View Automobile searches Consent Searches Stop & Frisk Regulatory inspection (i.e. airport/border searches)Exclusionary Rule Judge made rule doctrine that provides that evidence obtained in violation of a defendant’s constitutional rights Rational behind ERCourts have 2 primary reasons for refusing to admit evidence obtained in violation of a defendant’s rights oDeterrence: Exclusion of evidence will deter police from violating constitutional rights Fairness: the integrity of the judicial system requires courts not be made “party to the unlawful invasions of constitutional rights of citizens by permitting unhindered governmental use of the fruits of such invasions” U.S. v Leon (1984) held that the ER wasn’t constitutionally required but was judicially created as a deterrent to constitutional violations by police. There was no mention of judicial integrity as another rationale. In recent history, the number of situations where the ER has been applied has steadily decreased Standing to assert the ER As a general rule, a defendant may only assert the ER to bar evidence obtained through a violation of his/her own constitutional rights, not evidence obtained through a violation of rights of a third party.
How does this work? CRIM211-001September 5, 2018Confessions: only the person who makes the illegally obtained confession may attack its admissibility in court. Easy to understand For example: if A confesses without being given her Miranda warnings, and in her confession implicates B, only A may assert a violation of 5thAmendment rights and have the statement barred. The statement may still be introduced into evidence against B
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criminal law, Supreme Court of the United States, Fourth Amendment to the United States Constitution, Trial court
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