LAW 393 Lecture Notes - Lecture 1: Terry Stop, Exclusionary Rule, Reasonable Suspicion

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22 May 2018

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3. Affidavit recedi upon by magistrate contains knowing or reckless falsehoods

4. Magistrate is BIASED

Warrantless Search Exception

1. Exigent Circumstances

2. Search Incident to Arrest

3. Consent

4. Automobile

5. Plain View

6. Inventory

7. Special Needs

8. Terry "Stop and Frisk"

Fruit of the Poisonous Tree Exceptions

1. Independent Source

2. Inevitable discovery

3. Intervening acts of free will by D

4. Attenuation

Limitations on Exclusionary Rule

1. Grand Jury Proceedings, civil proceedings, parole hearings, or administrative cases

2. Violations of the knock and announce rule in executing search warrants

3. Evidence seized as a result of Miranda violations

4. Testimony in violation of 5th can be used to impeach D's testimony

5. Good faith: ex. reliance on defective warrant

Detention (Less than Arrest)

1. Stop and Frisk (Reasonable Suspicion)

2. Automobile Stop (RS)

3. Stationhouse detention (Prob Cause)

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