CJ 485 Exam 3
United States v. Leon - ANS-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. Leon
Good Faith Exception to the Exclusionary Rule - ANS-Evidence obtained by an INVALID
warrant, lacking probable cause, may still be admitted IF:
1. Police had objective good faith reliance
2. On a search warrant (or it's computer representation)
3. Issued by a detached and neutral magistrate
a.) independent of law enforcement, and
b.) capable of determining
4. AND executed within the scope of the warrant's terms.
Franks v. Delaware (1978) - ANS-Where a warrant affidavit contains a statement, necessary to
the finding of probable cause, that is demonstrated to be both false and included by an affiant
knowingly and intentionally, or with reckless disregard for the truth, the warrant is not valid.
Franks v. Delaware Test
Motion to Traverse - ANS-1. To even get a hearing:
A) Defendant must make a "substantial preliminary showing" that "specific portions" of the
affidavit contain:
1) Deliberate Falsehoods (LIES) or
2) Statements made in "reckless disregard of the truth".
AND
B) The deliberate falsehoods/reckless statements must be "material to probable cause", so if
deleted affidavit would not support probable cause.
Arizona v. Evans (1995) - Clerical Errors - ANS-- guy pulled over/license plate showed that guy
had arrest warrant/guy steps out of car and joint falls out/found more drugs in car (probable
cause)
- they find out the warrant for his arrest wasn't real (clerk made mistake)
- quashed warrant: should have been revoked, computer had the wrong information, he actually
had paid his last ticket
, - keep the evidence because police thought the warrant was real and this is extending good
faith
Knock and Announce Rule - ANS-The requirement that the police knock at the door and
announce their identity, authority, and purpose before entering a residence to execute an arrest
or search warrant.
Knock & Announce DEPTH Pt. 1
Reasonableness in Execution of Warrants - ANS-1. Wilson v. Arkansas (1995)
The Common Law rule that police officers must first knock and announce their presence
BEFORE ENTRY is now part of the 4A reasonableness.
2. Richards v. Wisconsin (1997)
A) there is NO 'PER SE' or absolute exception to the knock and announce requirement for
executing search warrants on drug dealers' homes.
B) Police CAN forgo Knock & Announce when they have reasonable suspicion of:
1.) Threat of Physical Violence.
2.) Destruction of Evidence
Knock & Announce DEPTH Pt.2
Reasonableness in Execution of Warrants - ANS-3. United States v. Banks (2003)
15 to 20 seconds has been found to be 'reasonable length of waiting time' before forcing entry,
AFTER knocking and announcing.
4. Hudson v. Michigan (2006)
Violation of the Knock and Announce Requirement does NOT require suppression or exclusion
of evidence.
Warrant Execution: Media Presence - ANS-Wilson v. Layne (1999)
1. Police bringing media or other third parties into a home during an execution of a warrant,
2. When presence of third parties was 'not in aid of the warrant,'
3. Violates 4A
•Note: Court did NOT decide if violation would trigger exclusion of evidence
Illinois v. McArthur (2001)
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