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25 Cards in this Set

  • Front
  • Back
4th Amendment
A constitution right to be protected against unreasonable search & seizure
Legally Obtained
Evid. meets constitutional & statutory standards in the way it was obtained
Reasonable Expectation of Privacy (REP)
A place,property,or personal effects where society grants 4th Amend.
An exploratory invest.,look for,seek out in a area person possess REP
The holding/Taking of a person or object whether thru use of physical force or submission to authority
Right to truth in evidence
Right to truth in evidence
No relevant evidence shall be excluded in a criminal proceding unless it violates a provision of the Constitut.
Exclusionary Rule
Excludes evidence seized in violat of the Constitution (4,5,6,14Amend.) from being present in court
Silver Platter Doctrine
States were free to make their own interpretation of the Constitution leading to abuse of police searches.
Fruits of poisonous Tree
Evidence that is suppressed as a result of a 4th Amend. violation
A person who has ownership to over area/property and then the ability to raise a 4th Amend. objection
CASE (Legal Doctrine)
Legal doctrine under which search and seizure are reasonable
Consent,Arrest,Adminstrative, Search_warrant,Emergency
Consent Search
Person knowingly/voluntarily waives 4th Amend.
Arrest (Legal doctrine)
Incident-to-arrest custodial arrest, officer may do a brightline search and arm's reach search for Fice/Weapons
Emergency Search
A search to solve danger to life&limb,property damage, escape of susp., destruction of evidence
Exigent Circumstance(Exigency)
Emergency circumstance requiring swift & immediate action to prevent danger to life ...
What the officer is looking for it and where he will find it.
Plain View
Fice seen in plain view by officer isn't a search if he has the right to be where the observation is made
The area suronding and immediately associated w/ the housewhich has REP.
Open field Doctrine
There is no REP in open field and ladscape
contact b/w officer & a person which doesn't involve the restraint on the person freedom of moviment
A temporary stop for investigation
Reasonable Suspicious
A factual believe that a person is about to commit a crime, is committing,or has committed one + facts linking criminal activities
Detention Factors
Legal circumstance justifying "reasonble suspicion" for a detention