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Excluding Evidence for a Fourth Amendment Violation - Coggle Diagram
Excluding Evidence for a Fourth Amendment Violation
Was the conduct at issue engaged in by government-authorized personnel or agent?
No :no_entry:
No basis for Fourth Amendment Exclusion
Yes :check:
Was the government conduct a search?
No :red_cross:
Was the government conduct a seizure?
Yes :check:
No :no_entry:
No basis for Fourth Amendment Exclusion
Yes :check:
Was there a valid warrant?
• Probable Cause
• Neutral or Detached Magistrate
• Oath and Affirmation by Officer
• Particularity Requirement
Yes :no_entry:
No basis for Fourth Amendment Exclusion
No :check:
Was there an exception to the warrant requirement?
• Search or Seizure Under Exigent Circumstances
• Plain View Seizure
• Lawful Arrest in Public or Outside Suspect’s Home
• Search Incident to Lawful Arrest
• Automobile Exception
• Consent
• Terry Stop and Frisk
• Special-Needs Search
• Border Search
• Government Search of Employee Belongings
• K-12 Public School Searches of Student Belongings and Persons
• Inventory Searches
• Administrative Searches
Yes :no_entry:
No basis for Fourth Amendment Exclusion
No :check:
There is a basis for Fourth Amendment Exclusion
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