Current LectureFruit of the Poisonous TreeWhen law enforcement searches someone or someone’s property looking for evidence but do not find anythingExceptions:Independent source ruleDespite the illegal search, if other information leads to that same evidence will be admissible at trialWhen someone that is in on the crime too is involved with the feds and tells them where to find something that will give them evidenceRemoteness (Attenuation)Despite the illegal search, if the link between the initial bad search and the new evidence has become very weak then the court will consider the evidence untaintedInevitable Discovery RuleDespite the illegal search if the police were to find the evidence anyways the evidence would’ve been admissibleBrewer vs. Williams: at the local gym there’s a game going on and a guy kidnaps a girl, rapes her and murders her.The court violated his 5th amendment right knowing he was mentally ill and that he was going to give them evidence.Mapp vs. Ohio 1961: Mrs. Mapp had a house she wound rent out to make money. Law enforcement got word that she was housing a potential bomber. They went to the house w/o a warrant and she did not let them in. They eventually force their way in. After faking a warrant and searching the whole house, they found a trunk an old tenant left and found nude pictures drawn in a notebook but charged the owner of the house with withholding obscene material b/c they were angry with her.The court ruled that the exclusionary rule only affects federal actors not state actorsAfter Mapp took the case to the supreme court, the ruling was that the 4th amendment now affects state actors when it did not apply to state actors beforeDifferent exceptions to the exclusionary ruleIllegally obtained evidence can be use to impeach the defendant at trialWhen the defendant decides to testify, if he makes any reference that was excluded but he lied about it, law enforcement CAN bring the evidence in to prove he is a liar.. If police violate a person’s rights in good faith reliance w/o a search warrantWhen law enforcement gets a bad search warrant; it was not legitimateEven if the warrant was not good, they will let the evidence inIf police violate a person’s rights in good faith reliance on a statute“Standing”There has to be a real stake in a controversy to bring a lawsuitA random civilian can’t just sue without any connection to the victimOne must have standing to complain that their 4th amendment rights are being violatedCourt says there has to be some connection to the property or personIf you are a guest at someone’s house and law enforcement comes in without a warrant, the guest cannot complain it was a violationUnless they were an overnight guestCivil LawsuitsSection 1983Excessive force, false arrest (if they did not have evidence to arrest you, it would be kidnaping), illegal searches and seizuresOmbudsmanOne person that keeps specific police officers on track due to complaints etc.Internal disciplineWhen police officers fall out of line, there is internal discipline to keep them in checkSome cities have strict sheriffs and higher-ups, officers will most likely not fall out of line because they will be disciplinedCRJU 203 1st Edition Lecture 6 Outline of Current Lecture I. Fruit of the Poisonous Tree a. Independent source rule b. Remoteness (attenuation) c. Inevitable Discovery Rule II. Standing III. Civil lawsuits IV. Ombudsman V. Internal Discipline 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.Current Lecture Fruit of the Poisonous Tree When law enforcement searches someone or someone’s property looking for evidence but do not find anything o Exceptions: Independent source rule - Despite the illegal search, if other information leads to that same evidence will be admissible at trial - When someone that is in on the crime too is involved with the feds and tells them where to find something that will give them evidence  Remoteness (Attenuation) - Despite the illegal search, if the link between the initial bad search and the new evidence has become very weak then the court will consider the evidence untainted  Inevitable Discovery Rule - Despite the illegal search if the police were to find the evidence anywaysthe evidence would’ve been admissible o Brewer vs. Williams: at the local gym there’s a game going on and a guy kidnaps a girl, rapes her and murders her. o The court violated his 5th amendment right knowing he was mentally ill and that he was going to give them evidence. o Mapp vs. Ohio 1961: Mrs. Mapp had a house she wound rent out to make money. Law enforcement got word that she was housing a potential bomber. They went to the house w/o a warrant and she did not let them in. They eventually force their way in. After faking a warrant and searching the whole house, they found a trunk an old tenant left and found nude pictures drawn in a notebook but charged the owner of the house with withholding obscene material b/c they were angry with her.  The court ruled that the exclusionary rule only affects federal actors not state actors  After Mapp took the case to the supreme court, the ruling was that the 4th amendment now affects state actors when it did not apply to state actors before- Different exceptions to the exclusionary rule o Illegally obtained evidence can be use to impeach the defendantat trial  When the defendant decides to testify, if he makes any reference that was excluded but he lied about it, law enforcement CAN bring the evidence in to prove he is a liar.  . If police violate a person’s rights in good faith reliance w/o a searchwarrant - When law enforcement gets a bad search warrant; it was not legitimate- Even if the warrant was not good, they will let the evidence in  If police violate a person’s rights in good faith reliance on a statute  “Standing”- There has to be a real stake in a controversy to bring a lawsuit - A random civilian can’t just sue without any connection to the victim - One must have standing to complain that their 4th amendment rights are being violated - Court says there has to be some connection to the property or person o If you are a guest at someone’s house and law enforcement comes in without a warrant, the guest cannot complain it was a violation  Unless they were an overnight guest  Civil Lawsuits- Section 1983 -