4th amendment violation cases
[DOCX File]CASE LAW UPDATE-SEPTEMBER 2010
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4th Amendment. 5th Amendment. 6th Amendment. 8th Amendment. 14th Amendment. 3) Find a Current Event dealing with a possible violation of a person’s legal rights guaranteed by the assigned topic. Create a Poster with the following information. Headline for the poster. Summarize the current event article.
[DOC File]I)
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Evidence acquired in a manner that shocks the conscience is a violation of the 4th Amendment Elkins v. U.S. (1960) Eliminated “Silver Platter Doctrine.” The U.S. Supreme Court ruled that evidence illegally seized by state or local law enforcement officers may not be used in Federal prosecutions, regardless of how relevant or competent it was.
[DOC File]Criminal Procedure Practice Questions
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People v. Bailey, 232 Ill. 2d 285, 903 N.E. 2d 409 (2009). Following a traffic stop for a seat belt violation, police officers have the right to conduct a warrant check on the driver and the passenger. The warrant check is not a search under the Fourth Amendment. People v. Harris, 228 Ill. 2d 822, 886 N.E. 2d 947 (2008).
[DOC File]Chapter 2
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Atwater, 2001—308: Fourth Amendment does not prohibit custodial arrest for minor offenses (in this case, misdemeanor seatbelt violation) traffic citations in lieu of arrest Knowles, 1998—322: Belton search is not lawful unless the suspect is actually arrested; issuing a citation in lieu of arrest (where statute would also permit arrest ...
[DOC File]CRIMINAL PROCEDURE OUTLINE - NYU Law
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The 4th protects people, not places, prior to KATZ there had to be an invasion into a constitutionally protected area to have a 4th amendment violation. KATZ (phone booth case) KATZ abandons literal reading of 4th and comes up with a test.
Landmark Fourth Amendment Cases | Criminal Defense Attorney
Fourth Amendment Cases. Case Identifier Year Page Holding/Rule Exclusionary Rule Mapp Exclusionary Rule 1961 57 Exclusionary Rule. All evidence obtained in violation of 4th inadmissible in state court. Leon Reasonable reliance exception 1984 63 Even if warrant discovered to be w/o probable cause, evidence not suppressed if officers were acting ...
4th Amendment Analysis:
Use of a slap mike on the outside of the house( the Court in Goldman said this was no 4th Amendment violation with no penetration. Use of a spike mike for thicker walls( US v. Silverman said that this was a 4th Amendment violation. Conversation in an Enclosed Phone Booth: Katz v.
[DOC File]CASE
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(The 4th Amendment guarantees protection against unlawful searches or seizures, by requiring a warrant. (”The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, [Reasonableness Clause] and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and …
[DOC File]FOURTH AMENDMENT CASES - Rosi-Kessel
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Olmstead: Taft/maj.-wire taps not 4th violation bc voice isn’t “tangible” like items in txt Brandeis- makes 1st policy argument- 4th’s purpose is to protect privacy “They [framers] conferred, as against the government, the right to be let alone- the most comprehensive of rights and the most valued by civilized men.”
[DOC File]ACJ
https://info.5y1.org/4th-amendment-violation-cases_1_8c9542.html
Explain the difference between a 4th Amendment versus 5th Amendment violation in terms of how the “fruit of the poisonous tree” doctrine applies. If it’s a 4th Amendment violation, the cops have to attenuate (distance) the violation from the confession to get it in; if it’s a 5th Amendment violation they do not have to attenuate.
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