New User Special Price Expires in

Let's log you in.

Sign in with Facebook


Don't have a StudySoup account? Create one here!


Create a StudySoup account

Be part of our community, it's free to join!

Sign up with Facebook


Create your account
By creating an account you agree to StudySoup's terms and conditions and privacy policy

Already have a StudySoup account? Login here

Week 10 Notes

by: Alyssa Hendrixson

Week 10 Notes CJ 461

Alyssa Hendrixson
GPA 3.0
Criminal Law II
Daniel Clay

Almost Ready


These notes were just uploaded, and will be ready to view shortly.

Purchase these notes here, or revisit this page.

Either way, we'll remind you when they're ready :)

Preview These Notes for FREE

Get a free preview of these Notes, just enter your email below.

Unlock Preview
Unlock Preview

Preview these materials now for free

Why put in your email? Get access to more of this material and other relevant free materials for your school

View Preview

About this Document

Criminal Law II
Daniel Clay
Class Notes
25 ?




Popular in Criminal Law II

Popular in Criminal Justice

This 3 page Class Notes was uploaded by Alyssa Hendrixson on Friday October 23, 2015. The Class Notes belongs to CJ 461 at University of Alabama - Tuscaloosa taught by Daniel Clay in Summer 2015. Since its upload, it has received 34 views. For similar materials see Criminal Law II in Criminal Justice at University of Alabama - Tuscaloosa.

Similar to CJ 461 at UA

Popular in Criminal Justice


Reviews for Week 10 Notes


Report this Material


What is Karma?


Karma is the currency of StudySoup.

You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!

Date Created: 10/23/15
The Exclusionary Rule 0 The Exclusionary Rule 0 Evidence obtained in violation of one s constitutional rights is inadmissible TP ESTABLISH GUILTY Included fruit of the poisonous tree derivative evidence Once illegal always illegal o The Silver Platter Doctrine State violation resulting in federal prosecution o Mapp v Ohio 1961 0 Supreme Court stated police executed illegal search because they had no warrant 0 Let woman go even though undeniably guilty evidence became inadmissible 0 14th Amendment Debating the Exclusionary Rule 0 Why do we exclude evidence in violation of constitutional rights Importance of rights Deterrence Judicial integrity 0 What are the costs of exclusion To the state Loses authority power and control To victims 0 Can be a slap in the face To truth seeking Unfair to the truth if some evidence is allowed and some is not 0 Any other viable options Remedies are not always realistic Civil case sue Standing to Challenge Evidence 0 Having authority to challenge evidence 0 Alderman v United States 1969 Introduction to standing 0 Rakas v Illinois 1978 Automobile exclusions 0 Minnesota v Olson 1990 Overnight guests Expectation of privacy 0 Rights were violated so you can sue o Rawlings v Kentucky 1980 Possessory interest in items seized There is standing for exclusion of evidence 0 Minnesota v Carter 1998 Commercial transactions Drug deal at a house police busted the house Illegally searched house Court ruled that they couldn t challenge evidence but homeowners could owner s rights were violated No expectation of privacy if just visiting house Cannot use evidence against homeowners 0 United States v Payner 1980 The target of a police investigation Tax fraud went through briefcase Case stolen by private investigator Police are more interested in whom the briefcase belongs to than the man who stole it Exclusionary Rule does not apply Exceptions to the Exclusionary Rule 0 Collateral Proceeding I Bail Pretrial hearing Sentencing Everything but actual trial 0 Attenuation Removing the Taint United States v Boone Court allowed evidence in lllegally pulled over for narcotics Drove away and started to throw the drugs out of the window in front of police Very important in fruit of the poisonous tree arguments Factors Temporal proximity lntervening circumstances Intentional violation Constitutional interest protected 0 Hudson v Michigan Not going to throw out evidence because police made a mistake 0 Didn t wait long enough and didn t knock Testimony v Physical Evidence 0 Physical evidence is more protected 0 Exclude physical as much as possible when obtained illegally 0 Good Faith Exception Requires an honest and objectively reasonable belief in the legality of a search Ways to establish Good Faith 0 Reliance on a warrant o Unites States v Leon 1984 Reliance on assurance by the judge 0 Mass v Sheppard 1984 o Reliance on legislation 0 Illinois v Krull 1987 Reliance on data form court employee 0 Arizona v Evans 1995 Reliance on apparent third party consent 0 Illinois v Rodriguez 1990 Reliance on a precedent that is overturned 0 Davis v United States 2011 Herring v United States 2009 0 police officer nonintentially violated the law 0 relied in court evidence court clerk 0 Independent Source Doctrine Could have gotten same information from source without violating rights 0 Inevitable Discovery Rule This is why police impound vehicles Nix v Williams 1984 o Impeachment evidence during trial Pornography example Walder v United States Can include inconsistent nonmirandized statements 0 Harris v New York Goal is to prevent perjury Given with a limiting instruction Juries do not listen to limitations cannot unring a bell


Buy Material

Are you sure you want to buy this material for

25 Karma

Buy Material

BOOM! Enjoy Your Free Notes!

We've added these Notes to your profile, click here to view them now.


You're already Subscribed!

Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'

Why people love StudySoup

Bentley McCaw University of Florida

"I was shooting for a perfect 4.0 GPA this semester. Having StudySoup as a study aid was critical to helping me achieve my goal...and I nailed it!"

Anthony Lee UC Santa Barbara

"I bought an awesome study guide, which helped me get an A in my Math 34B class this quarter!"

Steve Martinelli UC Los Angeles

"There's no way I would have passed my Organic Chemistry class this semester without the notes and study guides I got from StudySoup."


"Their 'Elite Notetakers' are making over $1,200/month in sales by creating high quality content that helps their classmates in a time of need."

Become an Elite Notetaker and start selling your notes online!

Refund Policy


All subscriptions to StudySoup are paid in full at the time of subscribing. To change your credit card information or to cancel your subscription, go to "Edit Settings". All credit card information will be available there. If you should decide to cancel your subscription, it will continue to be valid until the next payment period, as all payments for the current period were made in advance. For special circumstances, please email


StudySoup has more than 1 million course-specific study resources to help students study smarter. If you’re having trouble finding what you’re looking for, our customer support team can help you find what you need! Feel free to contact them here:

Recurring Subscriptions: If you have canceled your recurring subscription on the day of renewal and have not downloaded any documents, you may request a refund by submitting an email to

Satisfaction Guarantee: If you’re not satisfied with your subscription, you can contact us for further help. Contact must be made within 3 business days of your subscription purchase and your refund request will be subject for review.

Please Note: Refunds can never be provided more than 30 days after the initial purchase date regardless of your activity on the site.