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9 Cards in this Set
- Front
- Back
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Houses
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Probable cause + Warrant
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Cars
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Probable Cause
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Payton v. NY
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Absent exigent circumstances, in-home arrest requires an arrest warrant.
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Steagald v. NY
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Need a search warrant to go to someone’s house to search for a 3rd party.
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Chimel v. CA
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A warrant-less search ‘incident to a lawful arrest’ extends to the area considered to be in the possession of or under the control of the D where they could reach for a weapon or destroy evidence.
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MD v. Buie
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Police lawfully inside premises for the purpose of making an arrest may make a protective sweep for their own protection.
o May only extend to a cursory inspection of those spaces where a person may be found. |
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Vale v. LA
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Search incident to arrest outside of the home, does not extend to a search of the interior of the home. Warrant would be needed for home.
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Brigham City v. Stuart
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– No need for a warrant to enter a home if the officers are needed to assist a seriously injured person or someone threatened with such injury. This is to be looked at objectively. True state of mind of the officers is irrelevant.
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Segura v. US
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Police may secure premises while waiting for a warrant to search.
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