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:
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