I. Fourth Amendment: Arrest, Search and SeizureA. Introduction1. two views of the 4
amendment:a) warrant preference view: search is presumptivelyunreasonable if conducted without a warrant becausewarrant clause is connected to the search and seizureclause. b) separate clauses view: warrant is not necessary if thesearch is otherwise reasonable because the warrantclause is not connected to the search and seizureclause.2. Four requirements of a valid search warranta) issued by a neutral magistrate b) based on probable causec) supported by oath or affidavitd) describes with particularity the places to be searchedand the items to be seized.B. Exclusionary Rule1. Definition - evidence obtained in violation of the 4
amendment must be excluded at trial.2. The exclusionary rule applies to the states through the 14
amendment - Mapp v. Ohioa) overruled Wolf v. Colorado which held that theexclusionary rule did not apply because of federalismconcerns. b) put an end to the “silver platter” doctrine where stateagents could hand over illegally seized evidence tofederal agents for state prosecution because thefederal agents had not obtained it illegally.c) reasoning: without the exclusionary rule, the 4
amendment has no bite.3. Exception to the exclusionary rule: Evidence obtained in
, but upon a defective warrant is admissible -Leona) the reliance must be
- whethera reasonably well trained officer would have knownthat the search was illegal, considering all of thecircumstances. b) police can not be deterred by exclusion if they actedin good faith, so there is no reason to exclude theotherwise trustworthy evidence because of a technicaldefect.