SUMMARY
Addresses the appropriate remedies for unlawful searches and seizures, the exclusionary rule, and the fruit-of-the-poisonous-tree doctrine; describes the process for litigating suppression motions. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 5
REMEDIES FOR UNLAWFUL SEARCH AND SEIZURE
Matthew J. Semritc
Anne Fujita Munsey
§ 5.1 INTRODUCTION
§ 5.2 THE EXCLUSIONARY RULE
§ 5.2-1 The Purpose for and Application of the Federal Exclusionary Rule
§ 5.2-2 The Purpose for and Application of the Oregon Exclusionary Rule
§ 5.3 THE “FRUIT OF THE POISONOUS TREE” AND ITS EXCEPTIONS
§ 5.3-1 The Source and Development of the “Fruit of the Poisonous Tree” Doctrine
§ 5.3-2 Federal Constitutional Law
§ 5.3-3 Oregon Constitutional Law
§ 5.3-4 Oregon Statutory Law
§ 5.4 LITIGATING MOTIONS TO SUPPRESS
§ 5.4-1 Challenging Searches and Seizures: Procedural Requirements
§ 5.4-2 Burdens of Proof
§ 5.4-3 Preserving Issues for Appellate Review