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11 Cards in this Set

  • Front
  • Back
Fourth Amendment guarantees
The Fourth Amendment of the Constitution protect people from the governmental intrusion into areas where they have reasonable expectation of privacy
Search
Occurs when the government region to a place where a person has a reasonable expectation of privacy
Seizure
Occurs when the government affects a person's right to have or control his or her property usually by physically taking it
Contrast search and seizure in accordance with the US Constitution
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
Probable cause required
Plainview Mobile conveyance destruction of evidence fresh procedute emergency seed exigent circumstances
Plainview
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
Mobile conveyance
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
Exigent circumstances
Certain emergencies such as the case of evidence destruction and emergency scene or fresh pursuit that justifies a warrantless entry
Probable cause not required
Consent inventory administrative searches incident to arrest
Consent
Do not require probable cause reasonable suspicion or even near suspicion
Forfeiture
Civil proceeding in which the law enforcement agency ask the court to transfer ownership of the property to the defendant to the government