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32 Cards in this Set
- Front
- Back
- 3rd side (hint)
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In order for a search warrant to be valid a number of legal requirements must be met |
1. Based on affidavit that states official fax to establish probable cause that evidence of a crime will be found in place to be searched 2. Basis of information of the affidavit must come from a reliable source 3. The Affiant may be anyone but the person serving the warrant must have jurisdiction over the place chosen for Search 4. Most particularly described the person or place to be searched and the items to be seized |
42-43 |
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Purpose of the exclusionary rule |
To discourage officers from violating citizens constitutional rights during criminal investigations |
44 |
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The fruits of poison tree doctrine |
Holes that evidence gathered with assistance of illegally obtained information must be excluded from trial |
43 |
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Good faith doctrine |
Applies to an ofc actions in conducting a search according to a search warrant. If an officer execute a search warrant they believed to be valid and a court later determines the warrent was legal air any seized evidence may still be admitted |
43 |
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Three elements that comprise a fourth amendment" search" |
Government +intrusion + REP |
43 |
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If the action by the officers a search, and the officer does not have a warrant, he must determine if any one of the__ exceptions applies. ___ of these exception require probable cause and ___ do not |
9, 5, 4 |
44 |
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Two searches how to considered exceptions to search warrant requirement or technically not search is because a person does not have reasonable expectation of privacy |
Abandon property in an open field |
44 |
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Curtilage |
The space of ground in an out building immediately surrounding structure of someone's home and an open field |
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Exception a search warrant rule |
Abandon property in an open field |
44 |
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Exception to search warrant probable cause required |
Plainview, mobile convenience, extension circumstances – destruction of evidence/fresh pursuit/emergency scene |
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Exceptions to search warrant no probable cause required |
Consent, inventory, administrative search, incident to arrest |
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PLAIN VIEW; Any contraband an answer can't see can be sees without warning as long as three conditions are met: |
1. Officers lawfully present in a place where he or she sees it 2. Item is in plain sight 3. Officer has probable cause to believe that the item is contraband or crime evidence |
44 |
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Mobile convenience |
Because vehicles another mobile conveniences must be licensed, registered, and insured, and are easily moved, they have a reduced expectation of privacy and maybe search without a warrant |
45 |
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Oboe convenient search _____to occur at the time of the stop |
Does not have to occur |
45 |
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Carroll Doctrine |
Mobile conveyance search does not have to occur at the same time as the stop. Probable cause required for a mobile conveyance search |
45 |
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Scope of search under Caroll doctrine extends to |
The entire vehicle and to all containers were the evidence could reasonably be found |
45 |
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Fresh pursue requires… |
1. probable calls that are suspect committed a serious crime 2. Immediate or continuous pursuit of the suspect 3. Probably cause of the suspect is in the premises that is being entered without a warrant |
45 |
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Emergency scene warrantless entry |
For this exception to apply the officer must have objectively reasonable basis to believe that somebody is an eminent danger |
46 |
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Voluntaryonsent is… |
The consent is unequivocal, specific, and intelligently given and more than mere acquiescence in the face of a claim of life authority |
46 |
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Third party consent to search may be valid if… |
The third-party as mutual access and control over the area to be searched |
47 |
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Three options to securing a person's vehicle |
First vehicle maybe lawfully park locked unlocked, second to be able may be turned over to a friend or family member, third vehicle may be impounded |
47 |
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Administrative searches generally do not require a warrant because |
They are for regulatory purposes and usually are not conducted by law-enforcement |
47 |
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Supreme Court has noted "two Historical rationales for search incident to arrest exception: |
1. I need to disarm the suspect in order to take him in or her into custody 2. I need to preserve evidence for later use in trial." |
48 |
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These two requirements must be met before search incident to arrest |
1. Lawful custodial arrest 2. Search must be "substantially contemporaneous " or at the same time as the arrest |
48 |
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Exception to the two purposes: |
1. Officer safety – to locate weapons of prevent escape 2. Preservation of evidence |
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The scope of a search incident to arrest is that arrestee's person and |
The areas " within the immediate control of the Arrestee "at the time of the arrest |
48 |
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Hey search incident to arrest may also include a vehicle in which the rest of person as a passenger just before rest in the scope may include |
Entire passenger compartment and all containers located there and locked or unlocked the trunk is not considered part of the passenger compartment |
48 |
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Scoop of constitutional searches is limited to___once items are found _____ |
Items being searched ;search my stop |
48 bttm |
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Weather conducting a search using awards for acting under legally recognized exception, case law and statutes allow officers to search for these items: |
1. Dangerous weapons 2. Fruits of a crime 3. Instruments of a crime 4. Contraband 5. Evidence 6. Items defined by statute 933 7. Suspects |
7: 49 |
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Contraband articles include items |
Which are illegal to possess, items used in the commission of a felony, and items purchased with the profits felonious activities |
49 |
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Because forfeiture deprives a person of interest of his or her property officers must |
Have probable cause to see the property |
49 |
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