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34 Cards in this Set
- Front
- Back
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def pulled over and arrested for operating autow/o valid permit.LEO then frisked and discover crumpled cigarette package containing 14 vials of heroin in def pocket.
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United States v. Robinson (1973)
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searches that are "shocking to the conscience" require exclusion of evidence.
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Rochin v. California (1952)
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Cannot search auto after arrest when driver is in handcuffs.
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Arizona v. gant (2009)
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cannot conduct warrentless search at crime scene even if murder has occured
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Flippo v. West Virginia
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Does a traffic violation by itself give the LEO w/ authority to search a vehicle?
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no
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What is required to search a vehicle without a warrent?
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Probable cause
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LEO's shall not open locked footlocker in a vehicle w/o warrant
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U.S. v. Chadwick
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cannot randomly stop vehicles to look for evid of illigal activity
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Deleware v. Prouse
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Distinguishes btwn homes and automobiles.
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U.S. v. Ross
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A LEO may enter any vehicle already stopped for traffic violations or other legal issues, to see the vin number
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New York v. Class
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LE may search throughout a vehicle (and containers w.in it) where have PC to believe contraban or evid. is contained
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California v. Acevedo
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During ordinary traffic stop passengers may be req'd to step out of the vehicle even if have no suspicion that passengers have done anything
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Maryland v. Wilson
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Traffic viol. does not give LE auth. to search entire vehicle
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Knowles v. Iowa
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POP
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Pi$$ed off Police
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Citizen may waive 4th ammendmant rights and allow police to conduct a search. The state has the burden of proof that consent was:
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-voluntary
-Given by someone who possesed the proper authority |
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LEO lied about having search warrent
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Bumper v. NC
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LEO is not req'd to tell person that he has a right to refuse searchor entry
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U.S. v. drayton (This does not apply in AR)
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Police may search an apt. based on consent of someone whom ploice reasonably believe poss. auth. to consent even if person does not posses such auth.
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-Apparent authority
-Illinois v. Rodriguez |
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Implied consent
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Airports, military bases nad customs
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Exigent search
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Emergency search
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Exigent Circumstances searches cases
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-Hot pursuit:Warden v. hayden
-possible destruction of evid.:Cupp v. Murphy - |
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US customs and border patrol(CBP) suspicion factors
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-Behavioral analysis
-observational techniques -inconsistencies -intelligence -K9 -Incedent to seizure or arrest |
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US customs and border patrol(CBP) suspicion factors- behavioral analysis
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nervousness, flushed face, avoiding eye contact
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US customs and border patrol(CBP) suspicion factors- observational techiques
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unexplained bulges in clothing
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US customs and border patrol(CBP) suspicion factors- inconsitencies
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discrepencies in answers to LE questions
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US customs and border patrol(CBP) suspicion factors- Intel
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from informants or other LEO
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US customs and border patrol(CBP) suspicion factors- K9
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signals provided by trained dogs sniffs
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US customs and border patrol(CBP) suspicion factors- incedednt to seizure or arrest
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evidence found in one suitcase can justify search of person and rest of persons stuff
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Miranda rights
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Miranda v. Arizona
-You have the right to remain silent -Anything you say can/will be used against you in a court of law -you have the right to have a lawyer present during questioning -If you can not afford a lawyer, one will be appointed to you, free of charge |
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2 methods USSC use to ensure the police obey the law
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Exclusionary rule and right to counsel
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Exclusionary rule is what kind of law?
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case law
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What are exclusionary rules?
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Rules that exclude evid. improperly obtained by LEO's
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First time Exclusionary rule was used in a state?
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Mapp v. Ohio (1961)
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Exceptions to the exclusionary rule
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Public saftey exception, Inevitable discovery and good faith
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