Search And Seizure

Front 1

Seizure

Back 1

An Expectation of Privacy that society is prepared to consider reasonable is infringed upon by the government

Front 2

Seizure of Property

Back 2

When there is some meaningful interference with an individual's possessory interest in that property by the government

Front 3

Seizure of a Person

Back 3

A peace officer Physically applies force or a person voluntarily submits to a peace officers authority

Front 4

Reasonable expectation of Privacy

Back 4

Individuals expect privacy in the object or area

Front 5

Subjective expectation of privacy

Back 5

person protecting their privacy (Building a fence)

Front 6

Objective Reasonableness

Back 6

Whether society is prepared to recognize the individuals expectation as reasonable

Front 7

Curtilage

Back 7

Area around residence to which the private activies of home extend (side yard)

Front 8

Open Fields

Back 8

outside property outside of the curtilage of property

Front 9

Overflight

Back 9

the flight of a plane or helicopter over a given area

Front 10

standing

Back 10

* Owenership
* Lawful Possession
* authority
* Control of the area searched or the property seized

Front 11

Probable Cause

Back 11

Fair Probablity or Substantial chance that item sought is at location

Front 12

Articultae Probable Cause

Back 12

1. A crime has occured
2. Evidence of the crime exists
3.Evidence is at location

Front 13

Search Warrant

Back 13

An Order in writing issued by a Judge, Directed to a Peace Officer, Commanding that Peace Officer to Search for a Person, Property, or Items

Front 14

What Must appear on a Search Warrant?

Back 14

1. All Persons who stated the Probable Cause
2. Statutory Grounds
3. Description of the Places or persons to be searched
4. Description of Items to be searched
5. Signed by Judge
6. Date
7. If it is endorsed for night time service

Front 15

Reasonable Inference

Back 15

Presumption

Front 16

Direct Evidence

Back 16

Evidence that proves a fact with out inference

Front 17

Circumstantial

Back 17

Evidence that tends to prove a fact with inference

Front 18

Reliable Informants

Back 18

1. Law Enforcement Personnel
2. Citizen Infomant
3. Tested Informants
4. Untested Informants

Front 19

Affidavit

Back 19

Legal Document, made under oath that provides Probable Cause for a Search Warrant

Front 20

Affiant

Back 20

Person Stating the Probable Cause

Front 21

What is Contained in a Affidavit

Back 21

1.Identity of Person seeking the Search Warrant
2. Probable Cause
3. Statutory Grounds
4. Description of Person's or Locations to be searched
Description of Property or things to bve searched for

Front 22

Reasonable Particularity

Back 22

Someone with no knoweledge of the case will have no problem locating the area to be searched

Front 23

Time Limit for Search warrants

Back 23

10 days beginning with the dayafter the warrant is issued

Front 24

After 10 days Officers must

Back 24

1. Obtain a New Warrant
2. Resubmit the expired warrant

Front 25

When can a Search Warrant be Served?

Back 25

0700am to 1000pm

Front 26

Knock and Notice Procedure

Back 26

1. Knock
2. Indentify themselves
3. State Their Purpose
4. Demand Entry
Wait a reasonable amount of time
5. if necessary, forcibly enter premises

Front 27

Refusal

Back 27

1. Verbal Statment
2. Suspect Conduct
3. Passing of a reasonable amount of time

Front 28

Nexus Rule

Back 28

Officers may seize items not on search warrant if items are contraband of evidence of criminal behavior

Front 29

6 Warrantless Searches

Back 29

1. Plain View
2. Pat Down Searches
3. Consent
4. Exigent Circumstances
5. Incident to Arrest
6. Parole/Probation

Front 30

Exigent Circumstances

Back 30

1. Imminent Danger to Life
2. Danger to Property
3. Imminent to escape
4. The Destruction of Evidence.

Front 31

After Emergency Situtations

Back 31

Officers must leave premises

Front 32

Contemoraneous

Back 32

Search must be conducted:
1. at or near the time of arrest
2.

Front 33

custodial arrest

Back 33

suspect is transported to a jail

Front 34

protective search

Back 34

search for individuals

Front 35

consent

Back 35

1. voluntary
2. obtained from a person with authority to give that consent

Front 36

stable evidence

Back 36

evidence will not change over time (Blood Test)

Front 37

Evenescent Evidence

Back 37

Evidence that will change or be lot over time (alcohol screening)