IUB CJUS-P 300 - Search and Seizure and Evidence (3 pages)

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Search and Seizure and Evidence



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Search and Seizure and Evidence

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We finish up our discussion on search and seizure and begin the discussion about evidence.


Lecture number:
19
Pages:
3
Type:
Lecture Note
School:
Indiana University, Bloomington
Course:
Cjus-P 300 - Topics in Criminal Justice
Edition:
1

Unformatted text preview:

CJUS P300 1st Edition Lecture 19 Outline of Last Lecture 1 Search and Seizure 2 Search Warrants 3 Prosecutor s Office and Police Interaction Outline of Current Lecture 1 Search and Seizure Continued 2 Cars 3 Evidence Current Lecture 1 Search and Seizure Continued a Residence does not have to be a house it can be any place that you reside b Fresh Pursuit or Hot Pursuit the other way the police can get into your residence without a warrant i Has to do only with felonies ii The police gets to go into that residence to capture a person that has just committed a felony 1 Police don t know if it s the suspects residence or someone s house where the suspect may take hostages and terrorize the owners etc c Good Faith Exception i Allows a police officer to do something that that officer believes in good faith they have a right to do 1 Ex Warrant becomes invalid but officer believes that the warrant was valid exception allows police to act on that in good faith 2 Not automatically suppressible just because there was a problem with the warrant These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute d Inevitable Discovery not recognized by Indiana i If the evidence was obtained illegally because there wasn t a warrant etc it is implied that the evidence would have been discovered anyways so the evidence can still be admitted e Fruit of the poisonous tree i Something was obtained illegally everything attached to that is now illegal 1 Because you took the gun illegally all evidence would now be illegal 2 That s not true because there was a warrant for the other evidence ii Can also apply to confessions 1 If confessions are obtained illegally then that become a problem for you as a prosecutor 2 If you can get that information independently of the tainted evidence then it would be not be fruit of the poisonous tree 2 Cars a Do not have the same expectation of privacy as a residence i



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