CRM_J 420 Lecture Notes - Lecture 2: Ex Post Facto Law, Exclusionary Rule, Reasonable Suspicion
16 May 2017
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Preponderance of the evidence-civil 51% that it is more likely than not that something happened. Probable cause- arrest/full search (looks at all the information and evidence, the totality of the circumstance is how people will judge that, credible and reliable?). Information to suggest that someone has committed a crime. Reasonable suspicion- stop and frisk- an amount of proof. The officer has something, a little more than a gut instinct: prior to terry. V. ohio- either had probable cause and they could make an arrest or they (cid:272)ould(cid:374)"t. Exclusionary rule- a rule that excludes from evidence any evidence that was seized unlawfully by the police (seized in violation of the 4th amendment). 4th amendment judicially created remedy- an attempt to cure violations of the 4th amendment. Purpose- deter misconduct: preserve judicial integrity, silver platter doctrine. Illegally seized evidence (cid:862)fruit of the poiso(cid:374)ous tree(cid:863)
