Explore the legal terms and concepts related to Exclusionary Rule. Click on any term below to learn more about its definition and applications.
What is the automobile exception to the warrant requirement?
If the police have probable cause that a car contains evidence of a crime, they may search the whole...
What is the search incident to arrest exception to the warrant requirement?
A police officer may search an individual incident to a lawful arrest, so long as (1) the arrest is...
What is the good faith defense to an invalid warrant?
An officer's good faith reliance on the validity of a search warrant overcomes defects with the prob...
When are police excused from knocking and announcing?
There is no requirement that the police knock where: (1) there are exigent circumstances, (2) it wou...
When is a warrant based on a tip by an informant sufficient?
The sufficiency of a warrant based on a tip by an informant is determined by the totality of the cir...
What is a facially valid warrant?
A facially valid warrant must be supported by probable cause—a fair probability that contraband or e...
What is the exclusionary rule?
The exclusionary rule is judge-made doctrine that states evidence obtained in violation of the 4th,...
What are the wiretapping and eavesdropping exceptions to the warrant requirement?
Generally, wiretapping and eavesdropping require a warrant. However, there are two exceptions: (1) t...
What are special needs search exceptions to the warrant requirement?
Inventory Searches: Before incarceration, the police may inventory the arrestee's personal belonging...
What is the evanescent evidence, and hot pursuit exception to the warrant requirement?
Evanescent evidence is fleeting evidence that might disappear quickly if the officers wait to secure...
What is the stop and frisk exception to the warrant requirement?
Police can stop someone without probable cause so long as they have reasonable suspicion based on ar...
What is the consent exception to the warrant requirement?
Police may make a warrantless search if given voluntary consent, and the police do not have to infor...
What is the plain view exception to the warrant requirement?
Police officers can make a warrantless seizure when they (1) are legitimately present on the premise...
What are the Terry stop and frisk rules?
STOP: Police can briefly detain a person without probable cause where they have reasonable suspicion...
When do individuals have no standing and no reasonable expectation of privacy in a 4th Amendment violation claim?
Individuals do not have standing in (1) anything they hold out to the public; (2) their voice; (3) t...
When does a person have automatic standing and a reasonable expectation of privacy in a 4th Amendment violation claim?
Individuals automatically have standing where they (1) own the premises searched; (2) live on the pr...
What is the harmless error rule?
If unconstitutional evidence is admitted at trial, a conviction will not be reversed on appeal if th...
What are the 5 exceptions to the fruit of the poisonous tree exclusionary rule?
The following break the chain of causation, and dissipate the taint from an illegal seizure: (1) In...
What is the fruit of the poisonous tree doctrine?
The fruit of the poisonous tree doctrine is an exclusionary rule that applies to illegally seized ev...
When is the exclusionary rule inapplicable?
The exclusionary rule does not apply to (1) grand jury proceedings, (2) civil proceedings, (3) insta...
What are the exceptions to the warrant requirement?
E.S.C.A.P.E.S. The following are exceptions to the warrant requirement: 1. Evanescent Evidence, Ho...
When are police checkpoints valid?
Police checkpoints are permissible so long as they use a neutral, articulable standard to select veh...
What does the 4th Amendment protect against?
The 4th Amendment protects persons from unreasonable searches and seizures. To properly claim a 4th...
