NYPD 2nd trimester Law search & seizure Exam with Complete Solutions

NYPD 2nd trimester Law search & seizure Exam with Complete Solutions What is the purpose of the 4th Amendment? - Correct Answers To protect citizens from arbitrary and unrestrained government activity. Weeks v. United States - Correct Answers Established the Exclusionary Rule for the federal government Mapp v. Ohio - Correct Answers 1961 case law - All evidence obtained by searches in violation of the constitution is, by the same authority, inadmissible in a state court. exclusionary rule - Correct Answers Prohibits evidence obtained by an unreasonable search and seizure from being used in court. " Fruits of poisonous Tree " - Correct Answers If the initial search is invalid, any evidence later discovered as a result of that search must be declared invalid as well. There are 3 reasons/theories that support the exclusionary rule: - Correct Answers 1. Personal right: the law seeks to restore injured parties to the position they held prior to a violation of law. 2. Judicial Integrity: If courts were to admit illegally obtained evidence, they would, in essence, condone improper police behavior. 3. Deterrence: The most often mentioned reason for the exclusionary rule is that the rule exists, not to remedy the current case, but to discourage improper police conduct in future cases. What is " Standing " - Correct Answers In order to assert the Exclusionary Rule, one must establish that they have a privacy interest infringed, or violated, by the government. An " Expectation of Privacy " Curtilage refers to: - Correct Answers The immediate area, not necessarily enclosed, around a dwelling. However, an expectation of privacy is determined by: Proximity to house Whether area is enclosed Uses of the area Steps taken to keep people away from area