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11 Cards in this Set
- Front
- Back
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Plain View Search |
Police may seize, without a warrant, evidence that is plainly visible, as long as 1.) The initial intrusion into the premises was legitimate. 2.) The police had a reasonable belief that the evidence seized was incriminating. 3.) The police had a lawful right of access to the object. Plain view, Plain smell, Plain feel, Plain hearing. |
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Pat Down (Frisk) Search |
A valid stop is not enough to frisk and detained individual. There must be Immediate danger or harm for officer to frisk. |
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Consent Search |
Is a search made by police officer based on voluntary consent from the individual whose person or property is being searched. Individual may end consent search at anytime. |
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Exigent Circumstances Search |
Prompt action or an Emergency. -hot pursuit -lives or safety at risk -protective sweeps -the emergency aid doctrine |
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Search Incident to Arrest |
As long as the underlying arrest is valid, the police can search a person under arrest for weapons and evidence. The search must be limited to the body of the person under arrest and the area within their control. |
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Probation/Parole Search |
Are usually subject to warrantless searches without probable cause. |
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Plain View Search of a Vehicle |
Example: Officer initially stops vehicle for rolling through a stop sign. When officer approaches the vehicle he recognizes the smell of marijuana, sees a joint in the cup holder, and seen the driver slam the center console shut. - with the above information the officer would have enough probable cause to search arms reach of driver in vehicle along with the driver. |
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Search of a vehicle incident to arrest |
After arresting the driver you may search anything within arms reach. Best thing is to get a search warrant before searching the vehicle. |
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Searches of Vehicle |
You may search vehicle without warrant if: you have probable cause and the vehicle is mobile. (Exigent circumstances) |
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Vehicle Inventory Search |
Protects owners property while in law enforcement custody. Protects law enforcemnt against claims or disputes over lost/stolen property. Protects law enforcement from potential dangers located in the property. -Inventory searches may not extend any further than is reasonably necessary to discover. ( inside door panels, heater ducts, etc.) |
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Rule 41.1 Colorado Rules of Criminal Procedure |
Non-testimonial identification- identification by fingerprints, palm prints, footprints, blood specimens, saliva samples hair samples,other reasonable physical or medical examination. |
