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21 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What information is needed to support a search warrant |
Freshness |
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What two requirements are needed for executing a search warrant |
Warrants must be done within 5 days in Wisconsin After the search it inventory of property seized must be returned with the search warrant within 48 hours |
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What are exceptions to the warrant requirement |
Consent Search incident to an arrest Inventory search Automobile exception Exigency Plainview |
6 of them |
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What is actual Authority |
When did you own the house and you give consent to search |
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What is apparent Authority |
Apparent Authority would the facts available to the officer at the time of the search lead to a reasonable person to believe that the consent giveer has joint access and control over the premises to be searched even though the person does not |
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What is the purpose to search incident to arrest |
To disarm suspects before taking them into custody Prevents suspects in destroying evidence |
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What is the automobile exception |
Cops must have probable cause to believe the vehicle contains a criminal evidence or contraband Scuba search extends to the entire vehicle for motor compartment to trunk |
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Why do we have the automobile exception |
Vehicles can be easily moved it may be gone if the police need to take time to get a search warrant |
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Police May perform a vehicle search incident to arrest only if |
Crime for which the rest is made |
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Can a person be arrested within their own home without a warrant |
No in order to arrest a person in their home they need an arrest warrant |
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What does the term open field to mean |
The rest of the land surrounding the whole is considered Open Fields and Carries no 4th amendment protection |
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What is exclusionary rule |
Any evidence obtained illegally is throw it out in court |
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Exceptions to the exclusionary rule |
The same evidence would have been discovered through lawful means The officer acted in objective good faith The legality related only to the matter of entering or execute a valid search warrant |
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What is a person's home |
It has greater protection than most other places. Police are forbidden from conducting wireless surveillance of a person's whole from inside the curtilage A search warrant is necessary to use hidden surveillance cameras inside private homes offices in other locations. |
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If police need tech assisted surveillance what do they need. |
A search warrant is needed if the police use surveillance device is not available to the general public to spy on activities. |
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Do you have 4th protection rights in public places of video surveillance |
No |
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What do police need in order to track a cell phone |
Using trial Lego Asian a cell phone providers can provide where a cell phone was or used but what a search warrant before giving the records. In Wisconsin you need a court order to obtain these records |
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Name three detection devices |
Dogs sniff X-ray searches Thermal imaging devices |
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What is important to dog searches |
Items searched must be exposed to the public. But need a warrant to search privately out of public |
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What is the wiretap act |
The wiretap ACT prohibits the government from intercepting a protected communication with a device unless a judge issues a wiretap order or what are the parties consents |
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What are some Communications that are not regulated by the wiretap act? |
The conversation is over heard naturally The target of the surveillance lacks a reasonable expectation that communication is not being intercepted A party to the conversation before was it cuz sides to the interception |
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