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18 Cards in this Set
- Front
- Back
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What is probable cause?
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Facts And Circumstances Known To Officer At Time Of Police Conduct Sufficient To Warrant A Reasonably Cautious Person To Believe That Crime Has been Committed
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What is reasonable suspicion?
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Facts And Circumstances Known to Officer At Time of Police Conduct Sufficient To Warrant A Reasonably Cautious Person To Believe That Criminal Activity Is Afoot
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What are the exceptions to the exclusionary rule?
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1) Attenuation
2) Standing 3) Inevitable Discovery 4) Independent Source 5) Good Faith |
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What is attenuation?
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Evidence Sufficiently Remote From Illegality
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What is standing?
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Whether the defendants personal constitutional rights were violated.
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What is Inevitable Discovery?
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Evidence would Have Been Found By The Investigation Already Underway Anyway
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What is good faith?
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Did Officer Show Good Faith In Obtaining Warrant
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What is a search?
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Governmental intrusion on citizens reasonable expectation of privacy.
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What is a seizure?
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Meaningful government intrusion on citizens possessory interest
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What is a consentual encounter?
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It is a voluntary exchange of information.
There is no proof required. No show of authority or detention is allowed. |
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What is a Terry stop (detention)?
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Permits a limited seizure of a person where reasonable suspicion exist.
Show of authority and force may be applied. |
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What is a Terry frisk?
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Permits the limited search of a peron where reasonable suspicion exist that the person is dangerous.
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What is an arrest?
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Taking the suspect into custody to begin the charging process.
Requires probable cause that the person commited a crime. A full search of the person may occure. |
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What can be searched incident to an arrest?
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The wingspan of the area the suspect was aressted.
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What is a protective sweep?
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A search for individuals that would present danger to the scene where an arrest has occured.
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What are the facts and circumstances that make up Probable Cause and Reasonable Suspicion?
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1) Location of the Encounter
2) Conduct of the suspect 3) Information from informants 4) Information from police 5) Personal Knowledge of Officer |
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What is a De Facto arrest?
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The officers show of authority turns an encounter/detention into an arrest.
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Are mistaken arrests ok for a police officer?
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They are ok as long as they acted with objective reasonableness
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