State v. Defendant 1/2/3 o Evidence A/B/C Fruit of poisonous tree?

? Was the tip getting the cop to the scene reliable? (Probable cause) 1. Was the cop acting on reasonably trustworthy information? (Draper) 2. Did the totality of the circumstances justify the cop's investigation? (Gates) See both prior pieces of evidence + other events, if applicable. Was the chain broken by a thoroughly attenuated act? Does the Inevitable Discovery Doctrine apply? o Was there a search? Was there a justifiable expectation of privacy violated? (Katz) This can include even the mild act of flipping over an object to read a serial number. (Hicks) Was there a seizure? Did the police meaningfully interfere with respondent's possessory interest? (Hicks) Was it reasonable? Warrant? Was the warrant obtained properly? Was it based on reasonably trustworthy information? (Draper) Did the totality of the circumstances justify the magistrate/judge issuing the warrant from this information? (Gates) Was the warrant executed properly? Knock-and-Announce Rule? (Kind of irrelevant, doesn't exclude evidence anyway.) Warrant Exception? Search Incident to Valid Arrest: Was the arrest valid? Probable cause? Potential risk? Of the arrestee accessing and using weapons? Tools of escape? Destruction of evidence? (Chimel) Stop and Frisk: Was the officer's action was justified at its inception? Probability of accessible weapon or destructible evidence? Was the search reasonably related in scope to the circumstances which justified the interference in the first place?

(Terry) Search of the Home: 1. Probable cause? a. That he did it? b. That he's home? c. That there's evidence in the specific location of the search? 2. Exigent Circumstances? a. Was the officer is responding to an emergency? b. Was the officer was in hot pursuit? c. Was the goods were in the process of destruction? d. Was the goods were about to be removed from jurisdiction? (Vale) Vehicle Exception: 1. Probable cause? a. That he did it? b. That there's evidence in the car? 2. Is it a "Vehicle"? a. Is there increased mobility inherently in the vehicle? b. Is there a diminished expectation of privacy? (Applies to trunk) (Carney) 3. Closed Container Within? a. Greater expectation of privacy for container? (Chadwick) b. Separate Probable cause evidence of crime justifying the search will be found within that container? (Avecedo) Plain View Doctrine Was there a search? Was it unrelated to second, justified search? (Hicks) Consent: 1. Did the officers receive consent? a. From the defendant? b. From someone else with authority? Objective standard; would the reasonable man believe that person had apparent authority? (Rodriguez) Did the defendant assume the risk that someone else with authority might give consent? (Frazier) Was the person of an age or capacity to validly consent to a search? (Davis) Are there issues of dueling consent?

Nonconsenting party prevails (Randolph) Was it freely and voluntarily given? Look to the totality of the circumstances--was it voluntary? Being informed by police of the law is a factor, not dispostivie. (Bustamonte) 3. Did the consent apply to the area seached? Would an officer reasonably believe a container/area was within the scope of the consent? (Jimeno) Regulatory Searches: 1. How great is the need for the search? 2. Does this outweigh the level of intrusiveness of the search?

Was there an interrogation? Miranda Rights Were there procedural safeguards effective to secure the privilege against self-incrimination? Did the defendant know their rights to an attorney + remaining silent? Did they voluntarily waive their rights? Explicitly or Implicitly? Was request for counsel "unambiguously or unequivocally" asserted? Were the rights at any time re-instated? (Interrogation must cease) Was the defendant subjected to either express questioning or its functional equivalent? Was there a public safety exception? Was evidence from the speech resulting from this interrogation testimonial? Due Process Rights Totality of the Circumstances: Was their "will overbourne"? (Was the confession voluntary?) Sophistication of the Defendant Age Intelligence Experience Methods Used By Police Was there an express or implied promise of benefit beyond that naturally flowing from a truthful statement? Was there intentionally caused psychological stress? Did the officer lie? Any other site of unacceptable trickery? Was it a harmless error?

Was there a line-up? Was counsel present? Pre- or Post-Indictment? Was it during a critical stage of the prosecution? Are the risks of the stage so pernicious that extra safeguards are needed? Is the identification reliable? Were lineup methods trustworthy? Was there a substantial risk of misidentifcation? Factors: the opportunity of the witness to view the criminal at the time of the crime the witness degree of attention the accuracy of the witness prior description of the criminal the level of certainty demonstrated by the witness at the confrontation the length of time between the crime and the confrontation. Did they have Standing? Did they have a reasonable expectation of privacy in the place where they were? Were they there lawfully? Were they properly detained?