GUARANTEE A+
✔✔fruit of the poisonous tree - ✔✔evidence that is discovered during an
UNconsitutional search, as well as ALL other evidence that is discovered will be
suppressed
✔✔Exceptions to the exclusionary rule - ✔✔inevitable discovery and independent
source
✔✔inevitable discovery - ✔✔evidence obtained illegally would have been inevitably
discovered by lawful means than it may be admissible in court
✔✔independent source - ✔✔even though evidence was discovered through illegal
means, knowledge of it was also gained from a separate and independent source, then
this evidence would be admissible
✔✔Rule 3 - ✔✔establishes the guidelines that Vermont law enforcement officers shall
follow when arresting a person without an arrest warrant
✔✔the issuance of a citation (and nothing further) shall - ✔✔shall not be deemed an
arrest for any purpose, orders a person to appear at court
✔✔Arrest - ✔✔person is taken into custody for processing into the system
✔✔Felony - ✔✔A crime punishable by greater than two years (two years and a day)
✔✔misdemeanor - ✔✔a crime punishable by two years or less
✔✔witnessed misdemeanor - ✔✔actually observed or heard by officer
✔✔unwitnessed misdemeanor - ✔✔not actually observed or heard by officer
✔✔major misdemeanors and felonies are the same for what course of action the officer
deems appropriate - ✔✔issue citation, arrest or continue custody
✔✔Rule 3 exceptions - ✔✔failure to ID
arrest necessary to obtain NTO
prevent continuation of the offense
no ties to community
failed to appear
✔✔major misdemeanors for pre-trial conditions of release - ✔✔travel, curfew, contact
and operating a motor vehicle
, ✔✔law enforcement officers are commanded to arrest a suspect on a warrant -
✔✔without unnecessary delay
✔✔fugitive from justice need three criteria plo - ✔✔positively id the person
state must be willing to extradite
crime must be punishable for a term exceeding 1 year
✔✔police may make a warrantless arrest (no arrest warrant or search warrant) if a
subject steps into the - ✔✔threshold
✔✔summons - ✔✔is a court order based on probable cause and is issued by a judge.
The subject is not taken into custody
✔✔Search defined - ✔✔an intrusion (however slight) by an agent of the government
into an area where a person has a legitimate and reasonable expectation of privacy that
society is willing to recgoonize
✔✔Katz v United States - ✔✔fourth amendment was intended to protect people not
places (phone booth surveillance)
✔✔from the Katz decision was born the... - ✔✔expectation of privacy
✔✔expectation of privacy a citizen must: - ✔✔1. have a legitimate "subjective"
PERSONAL expectation of privacy society is willing to recognize
2. must be objectively reasonable, the expectation of privacy must be one SOCIETY as
a WHOLE would consider reasonable
✔✔Seizure defined - ✔✔a seizure of property occurs when there is some meaningful
interference with an individuals possessor interest in that property
✔✔In order for an officer to obtain a search warrant they must develop probable cause
in two areas: - ✔✔1. a crime has been committed
2. evidence of that crime will be found in the place to be searched
✔✔search warrant will be executed between the hours of - ✔✔0600-2200
✔✔Exculpatory evidence - ✔✔all evidence must be included in the search warrant
affidavit even if it goes AGAINST your case and hurts your probable cause
✔✔exculpatory evidence two prong test - ✔✔would the Judge think this information is
important
can the defense attorney attack this omission later claiming it was material