CRJU 203 1st Edition Lecture 7 Outline of Last 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 Outline of Current Lecture I. Search Warrants II. Types of Evidence III. What Law Enforcement Can Get A Warrant On IV. Description in the Warrant V. When Law Enforcement Gets the WarrantVI. The 4th Amendmenta. Katz vs. US Current LectureSearch Warrants o Judges are the ones that rule/give out warrants - Judges need to be neutral and detached from the case 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.- No connection at all to the case - Usually a magistrate - Law enforcement will draft up an affidavit - They swear that what they wrote was true - And they have to have facts that seize-able items are in a particular place - Sometimes law enforcement goes and drafts a warrant b/c of hear-say o With hear-say, they are going to say how this person is reliable- Once the judge rules on the warrant, they have the authority to go and search the premises - Sometimes law enforcement also lies to get a warrant o If they have a false statement of the false statement is made with reckless disregard for the truth:  Lawyers have to show that whatever they wrote was false then there is a hearing to prove what exactly is false  Once that is proven, the items are going to be suppressed  The judge can take that one statement out - And if they don’t have probable cause when the false statement is taken out, the evidence is no longer allowed in the trial Types of Evidence Law Enforcement Can Obtain from a Search o Evidence of the crime o Contraband o Fruit of the crime  What did this crime produce? If someone robs a bank and they have the bank’s money not theirs, it’s contraband. You are not allowed to have money that is not rightfully yours.o Items to be used to commit a crime o Instruments of a crime  Crowbar, gun, etc.o Person o Described or named Description in the Warrant o Law enforcement has to describe what they want to search o They need to particularly describe what needs to be searched in the warrant o Needs to describe the things to be seized o They have 10 days to execute that warrant o If they don’t, they have to get another one When Law Enforcement Gets the Warrant:o When they show up o Officers must knock and announce their arrival o Privacy issueo Exceptions o When there is a threat of physical violenceo If there are facts to believe that evidence will likely be destroyed when their arrival is announcedo When law enforcement violates the knock and announce rule, nothing really happens o Evidence is still seized and taken to trial o Once they go in and do their search they are supposed to leave a copy of the warrant at the house o And when they leave they need to fill out an “inventory”o This is a list of everything they seized during the search o They take that to the issuing judge and file it with him The 4th Amendment o Used to only be limited to property o If someone did not own or live in/on the property, they could not complain that officials came and searched it o Now it goes beyond just protecting property o Anything you knowingly display to the public is not protected by the 4th amendmentKatz vs. US 1967 o Gambling case o Katz is running numbers and law enforcement knows but can’t prove it o They don’t have enough evidence to arrest himo He would go to play on the table, get his bets, go to the pay phone/phone booth and call his bookie with his bets o Law enforcement knew and bugged the phone he would always use w/o a warrant o When he talked on the phone he closed the booth’s door o Always whispered o Stopped talking once someone was near the booth so they wouldn’t hear o They have the tape recording and arrested him o They offer the recording at trial o But listening to someone is a “search” o Katz objected and says they violated his 4th amendment right o His privacy was violated o Back then the 4th amendment did not cover privacyo Katz was still found guilty, but appealed the case and it went to the Supreme court o The court said if it is displayed in public, law enforcement is not violating privacy o But when someone seeks to preserve something private in public, the 4th amendment applies o Like when he would whisper on the phone, stop talking when someone was near, etc.o A supreme court test came out of the rulingo The person has to show an expectation of privacy o The expectation of privacy must be seen as reasonable by the court o The person must try to make it private o This case changed what the 4th amendment applied to-which was on propertyo Now it applied to privacy as well o Places the Court said law enforcement needs a warrant to search:o Homeo Place of work (office) o Motel roomo Garage o Curtilage Curtilage o Areas immediately surrounding your house o Barnso “Out buildings” o Dog houses o