Review Standards of Proof Mere suspicion Standards of Proof Reasonable suspicion Standards of Proof Probable cause Standards of Proof Preponderance of evidence Standards of Proof Clear and convincing evidence Standards of Proof Proof beyond a reasonable doubt Standards of Proof Absolute certainty Probable Cause For an arrest to occur need…… Probable Cause Tangible evidence that a crime has been committed Probable Cause Belief that the person arrested committed the crime…. Probable Cause based on what a reasonable person would believe Probable cause for a legal search Specific objects are connected with criminal activity Probable cause for a Objects will be found in the place searched Probable cause for a Objects will be found in the place searched Probable cause for a Based on what a reasonable person would believe Chapter 4 Exclusionary Rule th Amendment no unreasonable searches or seizures General Rule All relevant evidence is admissible. Exceptions Prejudicial Confusing Redundant Exclusionary Rule Exclusionary Rule To deter the police... Exclusionary Rule from violating people’s Fourth Amendment rights Applies Criminal Trials Prove Guilt Exceptions to the Exception” Good Faith Judge Court Employee More Exceptions Inevitable Discovery Purged Tainted Independent Source Time Out! Just suppose…. Just suppose…. You’re driving home from tonight’s class from the college Just suppose…. Police have set up a DUI checkpoint between the school and the main highway Just suppose…. As you approach the checkpoint, an officer directs you to pull over Just suppose…. He then orders you out of your car and asks if you “mind” him searching your vehicle? Just suppose…. Do you have the right to say no? How comfortable would you be refusing the search? Just suppose…. You object to the search. He searches anyway Just suppose…. He finds a cell phone that is reported stolen. Just suppose…. Admissible? Just suppose…. Just suppose….
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