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Excluding Evidence for a Fourth Amendment Violation :star: - Coggle Diagram
Excluding Evidence for a Fourth Amendment Violation :star:
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? :star::red_flag:
No :red_cross:
Was the government conduct a seizure? :star:
Yes :check:
No :no_entry:
No basis for Fourth Amendment Exclusion
Seizure of Property
Seizure of Persons
Terry Stop
Custody
Yes :check:
Was there a valid warrant?
:star:
• 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?
:star::red_flag:
• 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
1 more item...
Katz
Person has legitimate expectation of privacy; and
Expectation is reasonable
Kyllo
Police use technology not in public use to gather info about defendant's home that would otherwise be unobtainable
Jones
Police physically intruded onto property beyond social expectation or implied license with the intent to gather info