Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
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.
|
|
|
Search
|
An exploratory invest.,look for,seek out in a area person possess REP
|
|
|
Seizure
|
The holding/Taking of a person or object whether thru use of physical force or submission to authority
|
|
|
Prop.8
|
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
|
|
|
Standing
|
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
|
|
|
(C)(A)(A)(S)(E)
|
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 ...
|
|
|
Scope
|
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
|
|
|
Curtilage
|
The area suronding and immediately associated w/ the housewhich has REP.
|
|
|
Open field Doctrine
|
There is no REP in open field and ladscape
|
|
|
Contact
|
contact b/w officer & a person which doesn't involve the restraint on the person freedom of moviment
|
|
|
Detention
|
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
|
