NCJ Number
112911
Date Published
1979
Length
72 pages
Annotation
This paper instructs New York State prosecutors in matters pertinent to warrantless search and seizure: the exclusionary rule, the 'fruit of the poisonous tree,' a pretrial motion to suppress evidence, and exceptions to the search warrant requirement.
Abstract
The discussion focuses on the law governing the determination of what type of police conduct is a 'search and seizure' under the fourth amendment of the U.S. Constitution, when a search is 'reasonable,' and the legal effect of these determinations. After considering the parameters of the exclusionary rule, the discussion turns to the 'fruit of the poisonous tree,' or evidence obtained as an indirect product of an illegal search and seizure. The discussion of a pretrial motion to suppress evidence under the exclusionary rule addresses a person's standing to assert fourth amendment rights, the burden of proof, and appeals. General issues discussed under exceptions to the warrant requirement are exigent circumstances, a warrantless search incident to lawful arrest, stop and frisk, consent searches, abandoned property, and the 'plain view' doctrine. Specific types of searches discussed are automobile searches; border, customs, and airport searches; administrative searches; school custodial searches; searches of government employees in the workplace; and search of an inmate, parolee, or probationer. The paper concludes with a discussion of the 'good faith' exception to the warrant requirement.