SMG LA 245 Lecture Notes - Lecture 13: Duffel Bag, Exclusionary Rule
20 Oct 2016
School
Department
Course
Professor
Document Summary
Fourth amendment: prohibits government from making illegal searches and seizures of individuals, corps or orgs. General rule: government must conduct search warrant. Warrant = permission from neutral officer (judge) to conduct search. How does warrant work: police info written to judge. Identifies places to search and items to be seized: judge signs off on warrant; probable cause standard. Exclusionary rule: evidence obtained illegally may not be used at trial. Ex: individual stopped because of traffic violation. They illegally search his car and find drugs. They search him, found drugs on the guy. If they arrest you, they can search a person (without warrant). No: good faith exception (cid:862)fruit of poiso(cid:374)ous tree(cid:863, all evidence tainted derived from evidence they found through illegal search. Court said the child porn evidence was a case of improper search. Even though pending, the officer conducted this search based on the law at the time, despite the new change in law.
