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37 Cards in this Set

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Seizure
An Expectation of Privacy that society is prepared to consider reasonable is infringed upon by the government
Seizure of Property
When there is some meaningful interference with an individual's possessory interest in that property by the government
Seizure of a Person
A peace officer Physically applies force or a person voluntarily submits to a peace officers authority
Reasonable expectation of Privacy
Individuals expect privacy in the object or area
Subjective expectation of privacy
person protecting their privacy (Building a fence)
Objective Reasonableness
Whether society is prepared to recognize the individuals expectation as reasonable
Curtilage
Area around residence to which the private activies of home extend (side yard)
Open Fields
outside property outside of the curtilage of property
Overflight
the flight of a plane or helicopter over a given area
standing
* Owenership
* Lawful Possession
* authority
* Control of the area searched or the property seized
Probable Cause
Fair Probablity or Substantial chance that item sought is at location
Articultae Probable Cause
1. A crime has occured
2. Evidence of the crime exists
3.Evidence is at location
Search Warrant
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
What Must appear on a Search Warrant?
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
Reasonable Inference
Presumption
Direct Evidence
Evidence that proves a fact with out inference
Circumstantial
Evidence that tends to prove a fact with inference
Reliable Informants
1. Law Enforcement Personnel
2. Citizen Infomant
3. Tested Informants
4. Untested Informants
Affidavit
Legal Document, made under oath that provides Probable Cause for a Search Warrant
Affiant
Person Stating the Probable Cause
What is Contained in a Affidavit
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
Reasonable Particularity
Someone with no knoweledge of the case will have no problem locating the area to be searched
Time Limit for Search warrants
10 days beginning with the dayafter the warrant is issued
After 10 days Officers must
1. Obtain a New Warrant
2. Resubmit the expired warrant
When can a Search Warrant be Served?
0700am to 1000pm
Knock and Notice Procedure
1. Knock
2. Indentify themselves
3. State Their Purpose
4. Demand Entry
Wait a reasonable amount of time
5. if necessary, forcibly enter premises
Refusal
1. Verbal Statment
2. Suspect Conduct
3. Passing of a reasonable amount of time
Nexus Rule
Officers may seize items not on search warrant if items are contraband of evidence of criminal behavior
6 Warrantless Searches
1. Plain View
2. Pat Down Searches
3. Consent
4. Exigent Circumstances
5. Incident to Arrest
6. Parole/Probation
Exigent Circumstances
1. Imminent Danger to Life
2. Danger to Property
3. Imminent to escape
4. The Destruction of Evidence.
After Emergency Situtations
Officers must leave premises
Contemoraneous
Search must be conducted:
1. at or near the time of arrest
2.
custodial arrest
suspect is transported to a jail
protective search
search for individuals
consent
1. voluntary
2. obtained from a person with authority to give that consent
stable evidence
evidence will not change over time (Blood Test)
Evenescent Evidence
Evidence that will change or be lot over time (alcohol screening)