Searches 4th Amendment

1. State Action?
2. Person Protected by 4th?
3. Was there a search?
Katz
o Jones/Jardines if fact pattern needs
4. Was there a warrant?
If yes go to A, if no go to B
A. Was the warrant valid and properly executed?
o Probable Cause
o Neutral detached magistrate
o Particularity
o Rx executed
If No- Remedy
If yes to all the above, no 4th violation
B. Was there a valid exception to the warrant requirement?
o If yes, no 4th violation
o If no, then there was a 4th violation- Remedy
Remedy for 4th Amend. Violations- Exclusionary Rule
FINAL THING- Even if there was a violation of the 4th, if one of these exceptions fits, its
still valid evidence
1. Attenuation of Taint
2. Standing
3. Independent Source
4. Inevitable Discovery Doctrine
5. Collateral Use of Illegally obtained evidence
6. Good Faith Exception