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12 Cards in this Set
- Front
- Back
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4th Amendment |
Right of the people to be Secure in their persons, houses, papers, and effects. No searches, seizures, warrants shall not be issued but for probable cause. |
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Mapp v. Ohio |
U.S supreme court ruled that evidence seized unlawfully, without a search warrant could not be used in criminal prosecutions in court. (Police went into Dollree Mapp's house without proper search warrant. Police thought Mapp was harboring suspected bomber. No suspect was found but police found a trunk of obscene pictures and arrested Mapp for possession.) Exclusionary Doctrine |
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Katz v. U.S |
Katz was accused of transmitting wagering information across state lines. FBI but recording device on outside of phone booth while Katz was inside makeing phone calls. Katz said it was a violation of his 4th amendment right. "Resonable expectation of privacy"-someone who unreasonably and seriously compromises another's interest in keeping her affairs from being known can be held liable for that exposure or intrusion. |
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Terry v. Ohio |
A police officer may stop a suspect on the street and frisk him or her without probable cause to arrest , if the police office has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and had a reasonable belief that the person "may be armed and presently dangerous." |
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Reasonable Suspecion |
An objectively justifiable suspecion that is based on specific facts or circumstances that justifies stopping and sometimes frisking a person thought to be involved in criminal activity at a time. Reasonable suspicion is more that a hunch but broader than probable cause. |
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Probable Cause |
Probable cause us required to issue warrants, search or seize property, or make an arrest. Probable cause must also exist to make an arrest or seize property without a warrant. Probable cause exists where the facts and circumstances within the officers knowledge, and of which they have reasonably trustworthy information. Are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed. |
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3 types of probable cause |
1.) Reasonable suspicion. 2.) Reasonable objective for intrusion. 3.) Reasonable connection between the scope and the character of the intrusion and its objective. |
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Affidavits in Support of Search Warrant 16-3-304 |
1.) If the judge is satisfied that grounds for the application exist or that there is probable cause to believe that such grounds exist, he shall issue a search warrant, which shall: (a) identify or describe, as nearly as may be, the premises, person, place, or thing to be searched; (b) identify or describe, as nearly as may be, the property to be searched for, seized, or inspected; (c) state the grounds or probable cause for its assuance; and (d) state the names of the persons whose affidavits or testimony have been taken in support thereof. |
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4th Amendemt Affidavits in Support of Search Warrant |
An officer must have probable cause, supported by Oath of affirmation, and particularly describe the place to be searched, and the persons or things to be seized. |
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Execution of Search Warrant 16-3-304 |
(3) Unless the court otherwise directs, every search warrant authorizes the officer executing the same: (a) the execute and serve the warrant at any time; and (b) to use and employ such force as is reasonably necessary in the performance of the duties commanded by the warrant. |
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Use of Force during Search Warrant 16-3-304 3(b) |
(B) to use and employ such force as reasonably necessary in the performance of the duties commanded by the warrant. |
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Search warrant time frame 16-3-305 |
(6) Search warrants shall be executed within fourteen days after its date. |
