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11 Cards in this Set
- Front
- Back
Fourth Amendment guarantees
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The Fourth Amendment of the Constitution protect people from the governmental intrusion into areas where they have reasonable expectation of privacy
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Search
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Occurs when the government region to a place where a person has a reasonable expectation of privacy
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Seizure
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Occurs when the government affects a person's right to have or control his or her property usually by physically taking it
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Contrast search and seizure in accordance with the US Constitution
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First it must be authorised and signed by a neutral magistrate or judge the warrant must be based on an advocate that states sufficient facts to establish probable cause that evidence of a crime will be found in the place to be searched
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Probable cause required
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Plainview Mobile conveyance destruction of evidence fresh procedute emergency seed exigent circumstances
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Plainview
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The officers lawfully present in place where he or she sees the item vitamins in plain sight and the officer is probable cause to believe that the item contraband or crime evidence
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Mobile conveyance
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Vehicles another mobile vans is messy license registration shirt and a riesling missed they have a reduced expectation of privacy and maybe search without a warrant this is known as the carol doctrine
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Exigent circumstances
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Certain emergencies such as the case of evidence destruction and emergency scene or fresh pursuit that justifies a warrantless entry
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Probable cause not required
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Consent inventory administrative searches incident to arrest
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Consent
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Do not require probable cause reasonable suspicion or even near suspicion
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Forfeiture
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Civil proceeding in which the law enforcement agency ask the court to transfer ownership of the property to the defendant to the government
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