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14 Cards in this Set

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  • Back
Is it okay for a state court to set a lower standard than that of the U.S. constitution?
No, but it can create a higher standard.
What is a waiver?
a voluntary and intentional relingquishment or abandonment of a known right or privilege
How is the standard of waiver divisible into three parts?
1. the person must have relinquishment or abandonment of a known right
2. the relinquishment must be "voluntary" in the sense that it was the product of a free and deliberate choice rather than intimidation, coercion, or deception.
3. the holder of the right must be aware of the nature of theright and the primary consequences of its relinquishment.
what is a forfeiture?
a failureto raise a timely challenge to a right. This is an unintentional loss of a right or privilege.
What is the fourth amendment?
the right of the people to be secure in their persons, house, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, support by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
What is the rule regarding reasonable expectation of privacy?
When a personwould reasonably expect to preserve as private (eg a conversation) even in an area accessible to the public, is protected from unlawful invasion without a warrant.
What are the two expecation tests for privacy?
1. subjective- what the person feels is reasonable to expect.
2. objective- what society is ready to recognize as a reasonable expectation of privacy.
Is it okay for a state court to set a lower standard than that of the U.S. constitution?
No, but it can create a higher standard.
What is a waiver?
a voluntary and intentional relingquishment or abandonment of a known right or privilege
How is the standard of waiver divisible into three parts?
1. the person must have relinquishment or abandonment of a known right
2. the relinquishment must be "voluntary" in the sense that it was the product of a free and deliberate choice rather than intimidation, coercion, or deception.
3. the holder of the right must be aware of the nature of theright and the primary consequences of its relinquishment.
what is a forfeiture?
a failureto raise a timely challenge to a right. This is an unintentional loss of a right or privilege.
What is the fourth amendment?
the right of the people to be secure in their persons, house, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, support by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
What is the rule regarding reasonable expectation of privacy?
When a personwould reasonably expect to preserve as private (eg a conversation) even in an area accessible to the public, is protected from unlawful invasion without a warrant.
What are the two expecation tests for privacy?
1. subjective- what the person feels is reasonable to expect.
2. objective- what society is ready to recognize as a reasonable expectation of privacy.