Exam (elaborations)
NYPD 2nd trimester Law search & seizure Questions and Answers
NYPD 2nd trimester Law search & seizure Questions and Answers
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NYPD 2nd trimester Law search &seizure Questions and Answers
What is the purpose of the 4th Amendment? - -To protect citizens from
arbitrary and unrestrained government activity.
-Weeks v. United States - -Established the Exclusionary Rule for the federal
government
-Mapp v. Ohio - -1961 case law - All evidence obtained by searches in
violation of the constitution is, by the same authority, inadmissible in a state
court.
-exclusionary rule - -Prohibits evidence obtained by an unreasonable search
and seizure from being used in court.
-" Fruits of poisonous Tree " - -If the initial search is invalid, any evidence
later discovered as a result of that search must be declared invalid as well.
-There are 3 reasons/theories that support the exclusionary rule: - -1.
Personal right:
the law seeks to restore injured parties to the position they held prior to a
violation of law.
2. Judicial Integrity:
If courts were to admit illegally obtained evidence, they would, in essence,
condone improper police behavior.
3. Deterrence:
The most often mentioned reason for the exclusionary rule is that the rule
exists, not to remedy the current case, but to discourage improper police
conduct in future cases.
-What is " Standing " - -In order to assert the Exclusionary Rule, one must
establish that they have a privacy interest infringed, or violated, by the
government. An " Expectation of Privacy "
-Curtilage refers to: - -The immediate area, not necessarily enclosed,
around a dwelling. However, an expectation of privacy is determined by:
Proximity to house
Whether area is enclosed
Uses of the area
Steps taken to keep people away from area
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