QUESTIONS WITH ANSWERS GRADED A+
⩥ Probable Cause that needs corroboration. Answer: Anonymous
sources, confidential informants
⩥ Ways to corroborate PC sources. Answer: 1st hand info, previous
reliability, predictable info, statements against interest, degree of
detachment
⩥ Makes PC reliable. Answer: Timeliness, how long ago was the info
obtained?
⩥ Helps corroborate PC. Answer: Who, what, when, where, how?
⩥ Exclusionary Rule. Answer: Evidence obtained in violation of the 4th
amendment is not admissible in court (Fruit of the poisonous tree)
⩥ Exclusionary Rule exceptions. Answer: Standing, Good Faith,
Inevitable discovery, impeachment, and foreign searches
⩥ Standing. Answer: Only the defendant with violated 4th rights can
benefit, must be proven with REP
,⩥ Good faith. Answer: Only applies when an officer reasonably relies on
a mistake made by someone else
⩥ Inevitable discovery. Answer: Government proves they would have
found the evidence anyway, no need to suppress it because it would have
been found anyway
⩥ Impeachment. Answer: When defendants choose to testify, they must
testify truthfully or suffer the consequences
⩥ Foreign searches. Answer: 4th does not apply to a foreign search as
long as it was not solicited by USA
⩥ How do you obtain an arrest warrant?. Answer: Complaint,
information, indictment
⩥ Complaint. Answer: Probable cause from a LEO
⩥ Information. Answer: Probable cause from a US attorney
⩥ Indictment. Answer: Probable cause from Grand Jury charges
, ⩥ Who does the 4th amendment apply to?. Answer: The government
when a search is conducted
⩥ Who is the government in relation to the 4th amendment?. Answer:
Cops, agents, undercover agents, and confidential informants. Citizens
acting as an instrument or agent of the government or under the direction
of a government agent
⩥ What can be searched?. Answer: Persons, dwellings, papers, and
effects
⩥ Does the 4th apply to private citizens?. Answer: No
⩥ Who is not the government?. Answer: Private citizens, parents,
significant others, nosy neighbors, hotel maids, delivery services,
foreign LEOs overseas, and others unconnected to the government
⩥ What is a private search?. Answer: Private citizen, intends to help the
law but was not instructed to do so by any government agent
⩥ What is a government search?. Answer: Government encourages
search to a private actor, reports back to law enforcement