Exclusionary Rule - Bakersfield College

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….

