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13 Cards in this Set
- Front
- Back
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The particularity cause of the 4th amendment states what legal principle?
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Place to be searched person and items
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In Mapp vs Ohio any evidence illegally obtained will be suppressed, what is the rule known as?
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Exclusionary rule
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What are the four categories of objects subject to seizure?
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Crime, contraband, instruments, other instruments
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The federal automobile an exception to the search warrant requirement has been adopted in Pennsylvania Commonwealth vs Gary. The courts assessing a proper automobile d'exception will examine
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1. Was the stop lawful? Was there probable cause to search? 2. Did probable cause to search extended to passengers and belongings? 3. Did the probable cause offend to contains in thereof. For. Where is the vehicle located?
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In order to obtain a search and seizure warrant for a person or property, a police officer must establish what?
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Probable cause
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How long is a search warrant valid
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48 hours
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What is contraband?
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Any item under the circumstances one can illegally possess
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What is the purpose of the Fourth Amendment exclusionary rule?
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Defer police misconduct
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If an officer is on the premises illegally what can he do if he sees contraband in plain view?
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Make plain view seizure.
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If you are the next door neighbor of the subject of a name properly executed search warrants from which evidence was obtained do you have standing to request the evidence be suppressed?
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No
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When is contraband discarded by a person Fleeing police subject of a lawful seizure?
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When it was discarded after the officer established reasonable suspicion.
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What is the definition of probable cause to ?
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Facts and circumstances
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Who has the burden of proof at a suppression hearing and what do they have to prove?
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Common wealth
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