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Hudson v. Michigan
New Attenuation Doctrine based on type of violation, not remoteness; protection guarded by original interest violated should reasonably match up.
"Knock and Announce" Case
- Had violated SW
- Violated K&A (Wilson v. Arkansas)
- Executed a valid SW and found evidence
Court Held -- Do NOT suppress evidence found as a result of a valid search warrant. Even though K&A was violated.
What is Policy of K&A
(1) Narrow invasion of privacy (naked, sex, etc)
(2) Property (destruction of)
(3) Safety (you startle me without warning, i'll blow your head off)
What is Policy of SW?
(1) General Privacy in the Home
"Knock and Announce" Case
- Had violated SW
- Violated K&A (Wilson v. Arkansas)
- Executed a valid SW and found evidence
Court Held -- Do NOT suppress evidence found as a result of a valid search warrant. Even though K&A was violated.
What is Policy of K&A
(1) Narrow invasion of privacy (naked, sex, etc)
(2) Property (destruction of)
(3) Safety (you startle me without warning, i'll blow your head off)
What is Policy of SW?
(1) General Privacy in the Home
Karteninfo:
Autor: tjkoger
Oberthema: Law
Thema: Criminal Law
Schule / Uni: University of Mississippi
Ort: Oxford
Veröffentlicht: 11.09.2009