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


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

Lecture number:
Lecture Note
Indiana University, Bloomington
Cjus-P 300 - Topics in Criminal Justice
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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 You can move them ii There are windows iii People can see into them b Back in the day when police officers had no practical way to get a search warrant it was more dangerous therefore there is more leniency for automobiles i They have to have probable cause to search your car c Safety of police officers must also be balanced i They can get you out of the car ii They can pat you down for weapons iii They can look in your car iv Stop by police officer has to be reasonable 3 Evidence a Fungible i Can be altered such as drugs 1 Blood semen spit bodily fluids b Unfungible i Cannot be substantially altered such as a gun knife baseball bat etc c Chain of Custody i You need to show that from the time the evidence was collected throughout every step of the chain that it was accounted for 1 Imperative you know where that evidence is and how it has been kept and where it has been kept ii Defendant has a right to know that whatever was collected has in fact not been changed iii You need to know who has touched that evidence and be responsible for the fact that it has always been accounted for

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