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Probable Cause - ✔✔Facts or circumstances that would make a reasonable or prudent
person believe a crime is being or has been committed.
Probable Cause is the basis: - ✔✔To arrest, to search, to seize
Exclusionary Rule - ✔✔Evidence illegally obtained will not be admissible in court
Weeks v. United States - ✔✔Established the exclusionary rule in federal cases.
Prohibited evidence obtained by illegal searches and seizures from being admitted in
court.
Wolfe v. Colorado - ✔✔Silver Platter doctrine was struck down
Mapp v. Ohio - ✔✔Established the exclusionary rule was applicable to state, county,
and local government.
Purpose of Exclusionary Rule - ✔✔To deter police misconduct.
Exclusionary Rule Prohibits - ✔✔1. The introduction of evidence seized during an
unlawful search
2. Testimony concerning knowledge acquired from that unlawful search
3. Evidence that flowed from the unlawful search
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, Exceptions to the Exclusionary Rule - ✔✔good faith, inevitable discovery, purged taint,
independent source
Independent Source Exception - ✔✔The existence of evidence which was not illegally
seized and which in fact provided an independent basis for the discovery of the
challenged evidence
Inevitable Discovery Exception - ✔✔Courts generally will not suppress evidence that
has been seized illegally if the government can establish that the evidence inevitably
would been discovered lawfully
Inevitable Discovery prosecution must show: - ✔✔1) The lawful means, which made the
discovery inevitable, were possessed by the police and 2) were actively being pursued
prior to the occurrence of the illegal conduct
Purged Taint Exception - ✔✔If the evidence that is to be introduced is so far removed
from the wrong done by the cops then it may be admissible.
Scope - ✔✔The range of one's authority or opportunity to function.
Tiers of Police/ Citizen Contact - ✔✔1) Verbal Encounter 2) Brief Seizures 3) Arrest
Tier 1 - ✔✔Communication between police and citizens involving no coercion or
detention.
Tier 2 - ✔✔Seizures that must be supported by ARS
Tier 3 - ✔✔Full scale arrest supported by probable cause.
Seizure - ✔✔A governmental termination of movement through means intentionally
applied.
Two types of seizures - ✔✔Actual and Constructive
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