Warren Jung Legal Aspects Exam 2023 with verified solutions
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Warren Jung Legal Aspects
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Warren Jung Legal Aspects
Warren Jung Legal Aspects Exam 2023 with verified solutions
What is LE looking for when conducting searches?
Persons or property
Four Types of Property LE Search For
1. Contraband (Anything illegal to possess)
2. Fruits of a crime
3. Instrumentalities of a crime
4. Mere evidence
Which ame...
Warren Jung Legal Aspects Exam 2023 with verified
solutions
What is LE looking for when conducting searches?
Persons or property
Four Types of Property LE Search For
1. Contraband (Anything illegal to possess)
2. Fruits of a crime
3. Instrumentalities of a crime
4. Mere evidence
Which amendment binds LE during search and seizure?
4th Amendment
Requirements of the 4th Amendment
1. Oath and Affirmation
2. Particularity (Describe in detail)
3. Probable Cause aka PC
4. Signature of a Judge
What is PC?
Facts and circumstances within the LEO's knowledge which the LEO deems to be
trustworthy and sufficient in themselves to warrant and individual of reasonable caution
into a reasonable belief a crime has been, is being, or will be committed
Loophole to Particularity
The bigger the object, the smaller the search area
The smaller the object, the larger the search area
Ex., TV & REMOTE, Computer & MOUSE
Weeks v United States
Originally applied to FEDERAL LEO only
Ultimately led to the "Silver Platter Doctrine" from 1914-1961
Mapp v Ohio (1961)
Established the exclusionary rule applies to Federal and State LEO
When was the exclusionary rule applied?
1914-1984
Nix v. Williams (1984)
Legal decision in which the Supreme Court created the "inevitable discovery" exception
to the exclusionary rule.
Four exceptions to the exclusionary rule
1. Inevitable discovery doctrine (Nix v Williams)
2. Public Safety Doctrine (NY v. Quarles)
3. Good Faith Obtaining of a Warrant Doctrine (Massachusetts v Shepherd)
4. Independent Source Doctrine
5. Search in a Foreign Country (United States v Verdugo Urquidez)
New York v. Quarles (1984)
The Court held that there is a "public safety" exception to the requirement that officers
issue Miranda warnings to suspects. Since the police officer's request for the location of
the gun was prompted by an immediate interest in assuring that it did not injure an
, innocent bystander or fall into the hands of a potential accomplice to Quarles, his failure
to read the Miranda warning did not violate the Constitution.
Massachusetts v. Sheppard
Establishes the "good faith exception" to the exclusionary rule
*Even if the judge erred in issuing a warrant, the evidence stays in
United States v. Leon
Illegally obtained evidence may be used in a trial if it was gathered in good faith without
violating the principles of the Mapp decision
United States v Verdugo-Urquidez (1990)
Established if a United States officer is involved in a search in a foreign country, as long
as the search was conducted in accordance to the rules of THAT COUNTRY, the
evidence is admissible
Where & to Whom does the 4th Amendment Apply?
A US citizens anywhere is protected and anyone within the jurisdiction of the United
States
Who does the requirements of the 4th Amendment Apply to?
1. The 4th Amendment requirements applies to LEO & all government agents enforcing
the law.
Private Person Rule
1. A private person UNDER HIS OWN INITIATIVE can turn over evidence without
following requirements of the 4th Amendment.
2. Applies to evidence obtained legally or illegally
Why does the 4th Amendment requirements apply to LEO only?
Because the politicians wanted to limit the powers of the police such as "General
Warrants" the British Redcoats used to conduct searches.
PC Sources of Information
1. Your own FOUR senses (See, Hear, Feel, Smell, NEVER Taste)
2. Your expertise of expertise of others
3. Informants
4. Witness of Victim of a Crime
5. Accomplices
6. Subject's own mouth
7. Collective Knowledge Rule aka Information Within LEO Community (NCIC)
8. Specially trained animals
State v. Allen (2010)
The smell of marijuana was sufficient PC to conduct a search of the vehicle
Louisiana v Jackson (2010)
1. Dog is not required to alert of presence of narcotics
2. Expertise of an officer is sufficient
Two Requirements to Obtain a Warrant off an Informants Info
1. Reliability of Informant's Track Record
2. Answer to 3 Questions
Three Questions Informants Must Answer
1. How did you get the info? (Establishes PC)
2. When did you get the info? (Establishes PC)
3. Where did you get the info? (Establishes Particularity)
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