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27 Cards in this Set
- Front
- Back
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Weeks vs. U.S
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Created the Exclusionary Rule for FEDERAL system
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Silverthorne vs. U.S
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Created Fruit of the Poisoness Tree doctrine which excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure.
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Mapp vs. Ohio
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Used to apply the Exclusionary Rule to the STATE system as well
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Spinnelli vs. U.S
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Created the 3 prongs: veracity, reliabilty, basis of knowledge
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U.S vs. Leon
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Created the Good Faith Exception which is evidence that officers seized in "good-faith" to be used in court even though the search was ruled illegal ; failed to meet 3 prongs
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CA vs. Greenwood
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Privacy versus abandonment; once your garbage is placed on sidewalk it is no longer private.
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Chimel vs. CA
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Created the Wingspan rule which is they cannot search beyond the area within the defendant's immidiate control unless there is PC.
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U.S vs. Ross
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Warrentless search of vehicles are ok with PC even closed containers within reach.
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Terry vs. Ohio
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Created Stop and Frisk; could pat down for protection ONLY.
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Kolander vs. Lawson
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Made rules more strict as to stopping somone; not allowed to stop because of race or gender there needs to be more.
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Minnisota vs. Dickerson
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Created Plain Feel (or touch) which means if they feel something in pocket that may be illegal they can remove.
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Rogers vs. AZ
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SC put a stop to how far police can go; Rogers was observing traffic stop police searched him and found cocaine, SC stated they needed articulable reasons to search he was not imposing a threat.
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Miranda vs. AZ
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Created Miranda Rights; suspected of rape, id'd confessed but appealed based on 6th amendment.
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Oregon vs. Mathiason
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Burglary accusation but was not read miranda so was free to leave.
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Brewer vs. Williams
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No longer allowed to use religion in psychological tactics; Lawyer did not want questioning while transporting client; Christian Burial Speech occured b/w officers; confession then appealed.
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Nix vs. Williams
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When Williams was retired for murder; Created Inevitable Discovery which means cops would have found body regaurdless of confession.
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U.S vs. Carey
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Gave police permission to search apartment but not to extend search to his computer.
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U.S vs. Turner
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Held that the warrentless search of computer while in apartment exceeded the scope or consent.
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Illinois vs. Gates
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Created the Totality-of-Circumstantaces approach which is when an unknown informant gets in contact and has infomation that appears to be reliable looking at current evidence.
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Maryland vs. Garrison
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Informant knows apartment; police retrieve an inaccurate search warrant; evidence used since police just did their job; judge was penalized.
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Delaware vs. Prouse
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The court held that random traffic stops left to the discretion of police officer to be unconstitutional. Needs to have standards to follow.
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Hiibel vs. Nevada
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Created Stop and Identify which means that you are obligated to id yourself when you are suspected of committing or about to committ a crime.
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4th Amendment
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Right of the people to be secure in personal items against unresonable searches and seizures... no warrents shall issue but upon probable cause .
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5th Amendment
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no person be twice put in jeopardy, nor compelled to witness against himself, without due process.
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Waiver of Miranda Righs
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A wavier of Miranda can be done is such a wavier is voluntary, knowing, and intelligent. Without wavier, Miranda means nothing; Silence is not a wavier.
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The USA Patriot Act of 2001
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Made is easier for police investigators to intercept many forms of electronic communication; broadened "sneak and peak" searches etc.
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2006 USA Patriot Act
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Closed loopholes in laws preventing terrorist financing, included the Combat Methamphetamine Act
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