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8 Cards in this Set
- Front
- Back
Constitutional requirements for warrants
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Oath or affirmation; neutral or detached magistrate; particularity
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Timing requirement for “knock and announce”
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Officers can enter “after a reasonable suspicion [that the] exigency has ripened” (Banks) (10-15 seconds for evidence destruction exigency)
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Exceptions to timing requirement for “knock and announce”
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Police must have reasonable suspicion that knocking and announcing would be dangerous; futile; or would inhibit effective investigation of the crime (Ramirez)
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Can officers detain occupants of a home while conducting a search?
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Yes; as long as the detention doesn’t extend beyond the scope (both temporal and spatial) of the search
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Standard of review applied by courts when reviewing probable cause
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totality of the circumstances; must show that there is a fair probability that contraband or evidence of a crime will be found in a particular place; VERY deferential review (Illinois v. Gates)
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Standard of review applied by courts when reviewing a warrantless search?
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De novo (Ornelas)
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Requirements for forming probable cause on the basis of informant tips
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Tip must contain verifiable facts that are not easily predicted; anonymous tips will be held rigidly to this standard (no way to establish the “basis of knowledge” factor of Spinelli); non-anonymous tips are more flexible if police can establish the informant’s reliability
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Are police dog “sniff tests” a reliable basis for probable cause?
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Yes - if the dog was trained by and certified by a “bona fide” organization (Florida v. Harris)
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