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57 Cards in this Set
- Front
- Back
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Terry Pat Down (Motor Vehicle) |
-Valid M/V Stop -R.A.S. Person/Vehicle is Armed & Dangerous -Vehicle Contains Weapons -Search of Passenger Compartments -Search for Weapons Only -Search only where weapons can be/fit -You can open closed containers -Locked containers are not addressed |
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3rd Party Consent |
-If both parties present, one says yes, and one says no, your answer is no. -Consenting party must have possessed common authority over/or/offer sufficient relationship to the premises or effects sought to be inspected. |
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Scope of Terry Search |
-Pat down of outer garments -Can only pat down for weapons |
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Passenger Compartment Of Vehicle (Court Definition) |
All the space reachable w/o exiting the vehicle |
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Container (Court Definition) |
Any object capable of holding another object (New York V. Belton) |
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Constructive Possession |
Possession w/o physical contact |
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Consent (Motor Vehicle) |
-Must be free/voluntary -No duress/coercion -Can be limited/withdrawn -Locked containers need special consent -Cannot prolong stop if it is a valid M/V stop |
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Reasonable Articulable Suspicion (R.A.S) |
Not a hunch, but less than probable cause |
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Plain View Doctrine |
-Legal right to be there -Inadvertant AND -Officer has P.C. to believe it is contraband/evidence and can sieze it. |
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Exigent Circumstances |
-Serious Offenses -Destruction of evidence -Fleeing felon/escape -Harm to others |
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4th Amendment Protects |
Against unreasonable search/seizures of houses, persons, papers, effects. |
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Citizen Contact |
-Work off hunch/consentual conversation -People may leave at anytime |
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Investigative Dentention |
-R.A.S. that criminal activity is a foot -Brief dentention of a person -To confirm/disprove involvement in a crime |
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Curtilage |
-Protected by 4th amendment *the area to which extends the intimate activity associated w/ sanctity of a man's house and privacies of his life. |
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Katz Test |
1. SUBJECTIVE: Victims expectation of privacy 2. OBJECTIVE: Society's determination of reasonable expectation of privacy |
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When Is A Person Seized? |
-When there is a physical seizure -When there is a submission to authority -When there is a show of authority |
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Exceptions To The 4th Amendment |
-Search Incident to arrest(Person) -Terry Stop -Terry Pat Down(Person)(M/V) -Plain feel -Exigent circumstances -Plain view -Emergency doctrine -Search incident to arrest(M/V) -Consent(M/V) -M/V exception (Carrol Doc) -Investigative search of M/V -Protective sweep |
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Exclusionary Rule |
Arisen out of Mapp V. Ohio -Evidence obtained in a way that violates a persons constitutional protections will not be admissable at trial |
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Arrest |
To deprive a person of his liberty under real or assured authority for the purpose of having the person answer to a criminal charge 4 elements: 1. Actual/constructive detention or seizure 2. Performed w/ intent to make an arrest 3. So understood by the suspect 4. W/ use of force by officer or submission by suspect |
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Burden Of Proof |
The duty to affirmatively prove a fact -Criminal: proof beyond a reasonable doubt -Civil: perponderance of evidence 51% |
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Protective Sweep |
-While lawfully in home -R.A.S. area posesses a danger to the officer(s) -Looking for people -Can only look where people can hide |
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Plain Feel Doctrine |
-Valid stop -During lawful terry pat-down -Officer feels object who's contour/mass -Immediaely apparent -Contraband= officer can seize it |
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Terry Pat Down (Person) |
-Valid stop -R.A.S. -Armed/Dangerous -Outergarments only -Weapons only |
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Search Incident To An Arrest (Motor Vehicle) |
-Must have custodial arrest -Arestee must remain on scene -In reach of vehicle(don't have to expect to find anything OR if search for evidence pertaining to custodial arrest, must expect to.) -Can search passenger compartment -Open closed containers -Connot open/force open locked containers |
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Terry Stop |
-R.A.S. criminal activity is afoot -Brief Detention -Confirm/Dispel -Can be as intense as needed *Can not transport terry suspect |
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Search Incident To An Arrest (Person) |
-Person -Immediate control/wingspan of person -Can search clothing/items/containers -Don't have to expect to find anything -must have a custodial arrest -custodial arrest + transport to booking |
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Arson Search |
-Put out fire -Enter to find origin of fire -If taking a while, administrative warrant is needed to continue -If turns criminal, stop, get search warrant |
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Inventory (Motor Vehicle) |
-Tow Vehicle -Follow Dept. Policy/Procedure -Policy should address open/closed/locked containers. If not, be reasonable |
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Carroll Doctrine (Motor Vehicle Exception) |
-Car must be in public place -M/V = mobile -Must remain on scene, can't tow -Must have P.C. to believe vehicle contains evidence pertaining to crime -Can only look where evidence can fit - Once evidence is found, search is over -More general, more areas you can look |
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Crime Scene (Search) |
Step in shoes of initial officer, photo sketch - collect - plain view |
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Emergency Doctrine(Community Caretaker Function) |
-Non Criminal -Medical Aid -Someone needs assistance |
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Search Incident To Arrest (Home) |
-Custodial Arrest -Person -Wingspan |
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Hot Pursuit (Home) |
-Arrest was set in motion in public place -4th amendment not require delay -Gravely endanger lives of others |
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Chimel Doctrine (Wingspan Search) |
-Allows an officer to search an arrested party and the area within the arrested's immediate reach for weapons, contraband, and/or evidence which the accused could use against the officer or destroy
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Consent |
Whether or not a party voluntarily consents to a search is a matter of fact to be determined by the court based on the totality of circumstances -A party will be found to have given consent when he/she voluntarily + knowingly agress to the search |
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Crime |
An offense which is a felony or a misdemeanor |
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Execution of Search Warrants |
1st--------------------------->10th day -Knock -Announce-(Who/Authority)(What/Purpose) Wait (Reasonable Amount of Time) Enter- Peaceful/Forceful |
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Method Of Entry |
-Invitation -Open to public |
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Anticipatory Warrant |
Must have a triggered event |
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Aguilar/Spinelli Test (Informants) |
-Informants -Creadibilty- Why should i believe him -Relibilty-how did they CFINF come to know this info -Totality of circumstances test |
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Search Warrants |
P/C /Detail / Particular Follow the 4th |
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Execution of Search Warrants |
-CGS 54-33 -10 day |
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Knock & Announce |
Authority & Purpose |
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Other method of entry |
Invitation Businesses |
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First Time Informant |
-Corroboration -More Work |
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Citizen Witness |
-More veracity then C.I. -Totality of Circumstances |
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Nexus* |
-Make Connection -Important |
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Staleness |
Of Search Warrant and Info |
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Franks Hearing |
- |
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Miranda Warning* |
Custody/Interogation -Deprived in a significant way -Not terry/not MV -looks more like an arrest Custodial/Question Waive Miranda -free w/o police coericion -voluntary -they understand |
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Reliabilty |
How did the informant come to know this info? |
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Credibility |
Why do we believe him? (Did he make statements against his own personal interest?) |
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Custody |
deprived in a significant way |
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5th Amendment (Remain Silent) |
At Arrest/Stop Questioning not crime specific |
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5th Amendment (Right to Counsel) |
At Arrest/Stop Questioning not crime specific |
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6th Amendment (Right to Counsel) |
In Court at first appearance is crime specific what crime they did before judge is crime(s) can not talk |
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Public Safety Exception |
14 day rule |
