- Once they go in and do their search they are required to leave a copy of the search warrant at the house.-And when they leave they need to fill out an inventory-This is a list of everything they seized during the search-They take that to the issuing judge and file it with himCRJU 203 Test 1 *THE TEST IS GOING TO BE THURSDAY 2/13/15 Lectures: 1 - 3Lecture 1 Balancing Act Between Order and Freedom: -Police -Prosecutors -Courts -Corrections Due Process Crime Control Difference Between:Procedural & Substantive Law Specifics of the 4th Amendment -Protects: Privacy, Property, and security. - Searches- law enforcement can come into/onto the property. - Seizures- law enforcement can take items they think (have reason to believe) is illegal. Needs to be probable cause for officers to obtain a warrant - Facts to make a reasonable person to believe seize-able items are in a particular place Exclusionary Rule: -The prosecution in a criminal trial to prove the defendant’s guilt cannot introduce evidence seized illegally by gov’t officers. - Why suppress the evidence that is obtained illegally? - Because law enforcement is breaking the law by obtaining evidence illegally, that violates a person’s rights . - Not fair when law enforcement breaks the law too. -4th amendment only applies to gov’t agents not private individuals.Lecture 2Fruit of the Poisonous Tree -Independent source rule -Remoteness (Attenuation) -Inevitable Discovery Rule -Brewer vs. Williams - Mapp vs. Ohio -Different exceptions to the exclusionary rule Standing: -When there is a real stake in a controversy to bring up a lawsuit. - Cannot be a random civilian that sues, there has to be a connection to the victim. - One must have standing to complain that their 4th amendment rights have been violatedCivil Suits - Section 1983.Ombudsman - One person that keep specific police officers on track due to complaints Internal Discipline - When police officers fall out of line, there is internal discipline to keep them in check - Some cities have strict sheriffs and higher-ups that may not have as many complaints about their officers because they are strict. Lecture 3 Search Warrant -Judges are the ones that give out the warrants. - Need to be neutral and detached to the case. - Those judges cannot have any connection 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 and that is why they need the warrant. -Sometimes law enforcement goes and drafts a warrant because of hear say - In the case of hear say, they are going to have to prove that the person they heard this rumor from is reliable. - Once the judge rules on the warrant and signs it, law enforcement now has the right to go and search. - Sometimes law enforcement lies to get a warrant approved. - If they have a false statement or the false statement is made with reckless disregard for the truth, lawyers have to show that whatever they wrote in the warrant was actually false. - Then there must be a hearing to prove how the statement was false - Judges can take that one false statement out of the warrant. - And if there is no probable cause for the warrant when the statement is taken out then that evidence is no longer allowed in trial Types of Evidence/ what Law Enforcement Can Get a Warrant For-Contraband -Items to be used to commit a crime -Person Description in a Warrant -Law enforcement has to describe what they want to search -They need to particularly describe what needs to be searched - Needs to describe the things to be seized - They have 10 days to execute that warrant - If they don’t, they must get another one When police show up at a property -Officers must knock and announce their arrival. - Exceptions - When there is a threat of physical violence -If there are facts to believe that evidence will likely be destroyed when their arrival is announced. - When law enforcement violates the knock and announce rule, nothing really happens. - Evidence they obtained legally in that search is still admissible in trial - Once they go in and do their search they are required to leave a copy of the search warrant at the house. -And when they leave they need to fill out an inventory -This is a list of everything they seized during the search -They take that to the issuing judge and file it with him Katz vs. US