What is the Harvey Madden rule?
Asked by: Dr. Idella Dicki V | Last update: March 24, 2025Score: 4.3/5 (24 votes)
Madden (1970) 2 Cal. 3d 1017, is known as the 'Harvey-Remers-Madden' rule. A prosecutor must establish the source or reliability of the “other officer's” information when law enforcement officers rely solely on information obtained from another police officer as the basis for a search or arrest.
What is the Harvey rule?
Harvey (1979) 25 Cal. 3d 754, 758-59, held that facts supporting charges which are dismissed may not be used to impose sentencing consequences unless the parties waive this right. This is a common right waived at sentencing by defendants to take advantage of a plea bargain to a lesser charge.
What is the fellow officer rule?
The "fellow officer" rule permits an officer to rely upon information supplied by fellow officers when making an arrest. This doctrine is not statutory in origin; rather, it has its basis in the United States Supreme Court decision of Whiteley v. Warden, 401 U.S. 560 (1971).
What is the main purpose of the exclusionary rule?
Created by the Supreme Court, the exclusionary rule protects criminal defendants from the admission of evidence obtained without a warrant. Its main purpose is to deter police misconduct and uphold the Fourth Amendment right against unreasonable searches and seizures.
What is a 1538.5 motion to suppress?
A Penal Code 1538.5 motion to suppress evidence is a pretrial motion asking the court to exclude evidence obtained by illegal search and seizure. In the United States, everyone is subject to the rule of law, including law enforcement.
Harvey v. Dow Case Brief Summary | Law Case Explained
What is the burden of proof for motion to suppress?
The motion to suppress must be made promptly after the error or irregularity is noted. The burden of proof rests on the moving party to prove the need to suppress the item of evidence, the deposition or the expert.
What is the Harvey Remers Madden rule?
Madden (1970) 2 Cal. 3d 1017, is known as the 'Harvey-Remers-Madden' rule. A prosecutor must establish the source or reliability of the “other officer's” information when law enforcement officers rely solely on information obtained from another police officer as the basis for a search or arrest.
What is an example of the 4th Amendment being violated?
There are many examples of Fourth Amendment violations, such as police searching someone's home without a warrant or conducting an extensive search of a vehicle during a routine traffic stop without probable cause.
What is evidence obtained illegally called?
tainted evidence. In a criminal trial, tainted evidence, also referred to as evidence of taint, is evidence that was acquired by illegal means. For example , if authorities gather evidence using a wiretap without a proper warrant , the evidence will be deemed tainted.
What is the collective knowledge rule?
The collective knowledge doctrine essentially provides that when one officer knows sufficient information to justify an arrest of a target, if he requests that another officer make the arrest, the knowledge of the first officer is attributed to the second officer for purposes of determining whether there was probable ...
What is the rule 404 in the FRCP?
This rule provides that evidence of other crimes, wrongs, or acts is not admissible to prove character but may be admissible for other specified purposes such as proof of motive.
What is the fellow servant rule?
fel·low-ser·vant rule. : a common-law rule or doctrine in tort law: an employer is not liable for injuries inflicted on one employee by the fault of another employee during the course of his or her employment.
What is the Harvey's theory?
In 1628, the English physician William Harvey announced a revolutionary theory stating that blood circulates repeatedly throughout the body. He relied on experimentation, comparative anatomy and calculation to arrive at his conclusions.
What is the Harvey Dent rule?
The Dent Act was a law that was passed after the death of Harvey Dent in March 2010. It was a law that was so effective that it wiped out organized crime by locking up all 1000 criminals in Gotham City for eight years after the Joker's reign of terror upon Gotham City as well as the death of Dent himself.
What do you call evidence that Cannot be used in court?
Inadmissible evidence is evidence that lawyers can't present to a jury. Forms of evidence judges consider inadmissible include hearsay, prejudicial, improperly obtained or irrelevant items. For example, investigators use polygraph tests to determine whether a person is lying about the events of a case.
What is the silver platter doctrine?
The silver-platter doctrine was a principle in criminal procedure that allowed a federal court to use evidence obtained illegally by a state police officer, as long as a federal officer did not participate in or request the search.
What is a purged taint?
Purged Taint Doctrine Defined – if enough additional factors intervene between the original illegality and the final discovery of evidence, neither the “deterrence” nor “judicial fairness” rationales behind the exclusionary rule applies; therefore, the evidence may be admissible despite the fact that it would not have ...
What is not protected under the 4th Amendment?
Further, warrantless seizure of abandoned property, or of properties on an open field do not violate Fourth Amendment, because it is considered that having expectation of privacy right to an abandoned property or to properties on an open field is not reasonable.
Are sneak and peek warrants legal?
Under the USA PATRIOT Act, signed into law during the 107th United States Congress, on October 26, 2001, for the first time in US history, sneak and peek warrants were used as standard procedure in investigations.
What does the 6th Amendment protect?
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be ...
What is a 1538.5 motion for a DUI?
One of the most crucial sections for DUI defense is PC 1538.5, which governs motions to “suppress” evidence, or have it excluded from the court proceedings. Evidence that is suppressed cannot be used against you. You can request that evidence be suppressed if it was not gathered in a legal way.
What is the 4th down rule in Madden?
4th Down Rule :
YOU CANNOT GO FOR IT ON 4TH DOWN UNLESS: It is 4th and short. The Ball has crossed the 50 yardline.
What is the mike in Madden?
Anybody on the field can be identified as the 'Mike', which is the fifth man the offensive line is responsible for blocking. With the power of EA SPORTS IGNITE, we've replicated this system in Madden NFL 25 and it's all done dynamically under the hood by the AI.