Chapter 4 PDF

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Professor Frazier chapter 4...

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Judicial Evidence 1. Relevant JE- bearing case or some fact trying to be established 2. Material- significant evidence 3. Competent- has to be obtained correctly; has to be statutorily appropriate; has to meet rules of evidence 4. Necessary- establish a point a. Ex. Second floor apartment of 3 floor house i. Proving it’s a residence broken into 5. Chain of custody- integrity of evidence

Burglary 1. 2. 3. 4. 5.

Unlawful Breaking and entering Dwelling house Nighttime Commit felony

Robbery 1. Taking property from another with intent of depriving a. Use force- weapon assault

Search Warrant- permission for government to conduct a search/seizure of property -

Need probable cause Reasonable expectation of privacy- (4th amendment) o Public phone booth (Kutz vs US 1967) --- no search warrant o Work desk and file cabinet (O’Connor vs Ortega 1987) --- yes need one o Surgery (Winston and Lee 1987)—yes need one o Thermal imaging over house (2001) to detect criminal activity—yes need one o GPS to a car (US vs Jones 2013) ---- yes need one o K-9 sniff- front porch (FL v Jardine 2013) --- yes need one o K-9 sniff during vehicle stop (2005) --- no don’t need one o DUI- blood test (2016- yes need it), breath tests, gaze nystagmus, field sobriety

Exceptions of Search Warrant -

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Exigent circumstances o Emergency aid o Destruction of evidence  Manual  Natural Vehicle o Lesser expectation of privacy o Inventory search o Passenger compartment for safety o Pretext traffic stop

Other Places and Things--- No Search Warrant Needed -

Open field Greenhouse Trash Bank Records with subpoena Cheek swab during booking

Hot Pursuit -

Don’t need a search warrant if you’re trying to: o Prevent harm (seriousness) --- Sgt. Steven Shaw o Destruction of evidence (Welsh v Wisconsin 84)

Incident to Arrest -

Area in immediate control

Stop & risk (reasonable suspicion) (Terry v Ohio) -

Unusual conduct Experience and training 2000-IL-can figure out why you’re fleeing 1979- just because a person looks suspicious and may have not been in area before, does not mean they are suspicious o An anonymous tip does not offer reasonable suspicion

Pat Down -

Need to be patting down for weapons for safety Apparent without manipulation

Consent -

Totality of circumstances o Does not have to be in writing (if it is not, better have a witness) o 3rd person with common authority o Common authority- both or none!

Exclusionary Rule (Fruits of the Poisonous Table) -

Search Unreasonable=evidence inadmissible Good Faith Exception- unintentional error; honest mistake Purged Taint Exception- actions of defendant overcome the illegal actions of police Independent source- evidence is obtained from a source not directly related to illegal search and seizure and is admissible...