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Title: 4th amendment
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Miscellaneous |
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July 21, 2003 |
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5 / 1124 |
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During the search, areas other than what is specified on the warrant may not be searched. Whatever evidence found under an illegal search may not be used. That's where the term fruit of the poisonous tree came from. Evidence, fruit, obtained illegally, poisonous tree, is no good and cannot be used... Showed first 250 characters
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Evidence, fruit, obtained illegally, poisonous tree, is no good and cannot be used.
Miranda v. Arizona, 1966 is an example of fruit of the poisonous tree. Ernesto Miranda, arrested on kidnapping and rape charges (encyclopedia.com), confessed to his crimes but was not read his rights... Showed next 250 characters
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case summery
Prior History: -Mapp vs. Ohio
-U.S. vs. Calandra
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-5th amendment (not to incriminate yourself)
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-information from confidential informant
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-drugs found and indicted in Federal Court for drug dealing
Rule: -federal judge overturned warrant
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-probable cause of drug sale was not independently established
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In the late 1700's the 4th Amendment was written because of strong objections to the Writs of Assistance or general warrants. The Writs Assistance gave officials the right to enter any home and seize belongings without a reasonable cause... |
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