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58 Cards in this Set
- Front
- Back
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Police powers to search and seize must be utilized how? |
-with discretion -with fairness -within legal parameters |
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Search and seizure derived from and limited by what? |
-u.s constitution 4th amendment -pa constitution article 1,section8 -u.s and pa court decisions-case law Pa statutory law-criminal procedure what do you |
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What do you need in order to get a search warrant ? |
Probable cause |
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What is plain view doctrine? |
Officer is legally on property and contraband is in plain view |
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What is totality of circumstances test? |
Used by courts to determine legality of search and seizure |
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What is totality of circumstances test? |
Used by courts to determine legality of search and seizure |
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What is specific and articulable facts? |
Specific facts and circumstances which the officer can document and explain |
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What is totality of circumstances test? |
Used by courts to determine legality of search and seizure |
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What is specific and articulable facts? |
Specific facts and circumstances which the officer can document and explain |
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Where is there no reasonable expectation of privacy ? |
-open fields, outside curtilage, public places exposed to plain view |
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What is totality of circumstances test? |
Used by courts to determine legality of search and seizure |
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What is specific and articulable facts? |
Specific facts and circumstances which the officer can document and explain |
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Where is there no reasonable expectation of privacy ? |
-open fields, outside curtilage, public places exposed to plain view |
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What is fruits of posionious tree doctrine? |
Any evidence obtained illegally will be suppressed |
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What is totality of circumstances test? |
Used by courts to determine legality of search and seizure |
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What is specific and articulable facts? |
Specific facts and circumstances which the officer can document and explain |
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Where is there no reasonable expectation of privacy ? |
-open fields, outside curtilage, public places exposed to plain view |
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What is fruits of posionious tree doctrine? |
Any evidence obtained illegally will be suppressed |
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What is probable cause |
Minimum legal proof necessary to justify the search and seizure of a person or property with lawfully authority |
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What is the purpose of the exclusionary rule |
To keep police from violating 4th amendment |
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The court case Katz created this case law |
Reasonable expectation of privacy |
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4th amendment |
The right of people to be secure in their persons, house , papers and effects, against unreasonable searches and seizures, shall not be violated and no warrant shall issue but upon probable cause supported by oath and affirmation and particularly describing the place to be searched and the persons or things to be seized |
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Search |
To engage in an examination of a person place or thing |
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Search |
To engage in an examination of a person place or thing |
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Seizure |
To take possession of a person place or thing |
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Search |
To engage in an examination of a person place or thing |
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Seizure |
To take possession of a person place or thing |
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Warrant must particulary describe this |
-place to be searched -the person to be seized or arrested -the property to be seized |
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Search |
To engage in an examination of a person place or thing |
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Seizure |
To take possession of a person place or thing |
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Warrant must particulary describe this |
-place to be searched -the person to be seized or arrested -the property to be seized |
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Does the 4th amendment prohibit all search and seizures! |
No |
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Mapp v Ohio |
Created exclusionary rule |
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Mapp v Ohio |
Created exclusionary rule |
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U.s v leon |
Good faith exception to the exclusionary rule - does not exist in pa |
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Mapp v Ohio |
Created exclusionary rule |
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U.s v leon |
Good faith exception to the exclusionary rule - does not exist in pa |
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4 categories subject to seizure |
-fruits of the crime - instruments of a crime(tools used) -contraband -other evidence related to crime |
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Mapp v Ohio |
Created exclusionary rule |
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U.s v leon |
Good faith exception to the exclusionary rule - does not exist in pa |
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4 categories subject to seizure |
-fruits of the crime - instruments of a crime(tools used) -contraband -other evidence related to crime |
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What is facts or circumstances the would lead a reasonable and prudent person to believe a crime has been committed |
Probable cause |
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Mapp v Ohio |
Created exclusionary rule |
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U.s v leon |
Good faith exception to the exclusionary rule - does not exist in pa |
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4 categories subject to seizure |
-fruits of the crime - instruments of a crime(tools used) -contraband -other evidence related to crime |
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What is facts or circumstances the would lead a reasonable and prudent person to believe a crime has been committed |
Probable cause |
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Affidavits of probable cause |
Dates, times, places , detailed disruption of events supporting probable cause |
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Mapp v Ohio |
Created exclusionary rule |
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U.s v leon |
Good faith exception to the exclusionary rule - does not exist in pa |
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4 categories subject to seizure |
-fruits of the crime - instruments of a crime(tools used) -contraband -other evidence related to crime |
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What is facts or circumstances the would lead a reasonable and prudent person to believe a crime has been committed |
Probable cause |
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Affidavits of probable cause |
Dates, times, places , detailed disruption of events supporting probable cause |
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Can I officer consider every fact that is know to him through his senses, including hearsay from others for probable cause |
Yes |
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Four corners rule |
Probable chase must be contained in the four corners of the application and no oral or additional info permitted |
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Four corners rule |
Probable chase must be contained in the four corners of the application and no oral or additional info permitted |
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Knock and announce |
Required unless exigent circumstance are present |
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Four corners rule |
Probable chase must be contained in the four corners of the application and no oral or additional info permitted |
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Knock and announce |
Required unless exigent circumstance are present |
