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What is the checklist for Seach and Siezure questions
Was the seach governed by the fourth amendment?
Whas the search or seizure conducted with a warrant to satisfy the the the fourth amendment?
Was the search and seizure conducted without a warrant in a way that satisfies the fourth amendment
The extent to which evidence obtained through a search and seizure that violates the fourth amendment is admissible in court nonetheless
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What four questions if answered yes result in an search and seizure coming under the fourth amendment?
Was the search and seizure executed by a government agent?
Did the search and seizure invade an area protected by the fourth amendment
Did a government agent either physically intrude on a protected area to obtain information or violate an individual's reasonable expectation of privacy in a protected area or item?
Did the individual subjected to the search or seizure have standing to challenge the government agent's conduct?
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What are the two categories of government agents that are most important for the bar?
Publically paid police on or off duty
Private secutiryt if they are acting at the direction of the police
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The fourth amendment expressly protects individuals from unreasonable search and seizure of there:
- Persons
- Houses
- Papers
- Effects
The protection of houses includes the curtlage
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What is the curtilage:
The area immeidately surrounding the house used for domestic use
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What are the common unprotected items?
Patty Acheieved a Glorious Victory Over Her Opponents
Pant scrapings
Account Records
Air Space, and any thing seen below
Garbage
Voice
Odors
Handwriting
Open fields
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What are the two ways that an search and seizure can inplicated the fourth amendment
The agent physically intrudes on a consittuionally protected area in order ot obtain evidence or
The agent's search and seizure violates an individuals reasonable expectation of privacy
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When does a person have standing to challenge an search and seizure?
When an individuals personal privacy reighats are invaded, not those of a thrid party
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What type of palce where a person is staying is not protected?
If the location is used only for business purposes
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Is a search warrant appropriate?
4 elements
Was the warrant inssue by a neutral and detached magistrate?
Is the warrant supported by probable cause and particularity?
If not did the police officers rely on a defective warrant in good faith?
Was the warrant property executed by policte?
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What factors are used to determine if a magistrate was neutral and detached
Not neutral an detached if conduct demonstrates bias in favor of the prosecution
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When is a warrant supported by probably cause and particularity?
- Only a fair probability required
- Hearsay admissible
- If relying on a tipster the police must corroborate enouch of the infomation to allow the magistrate to make a common sene determination that probable cause exists based ona totality of the circumstances.
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What makes a warrant particular?
Warrant must specify:
- The place to be searched and
- the items to be siezed
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If a warrant does not meet the constituional requirements how might the information salvaged still be used ?
If the officer had a good faith reliance on the warrant will overcome problems with probable cause and particularity
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What are the four exceptions to the good faith exception?
The problems with the warrant were so egregiously lacing in details that no reasonable officer would have relied on it
So lacking in particulairyt that no officer could hare reasonably presumed it was valid
The affidavit relied upon by the magistrate contains knowing or reckless falsehood that are necessary to the probable cause finding
The magistrate who issued the warrant is biased in favor of the prosecution
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If the warrant was valid or saved by the officer's good faith, what two condierations are imporatnt into whether the warrant was properly executed by police?
Whether the officers complied with the temrs and limitations of the warrant
Whther the officers executing the warrant complied with the knock and annouce rule
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Compliance with a search warrant
Officers are allowed to search only those areas and items authorize by the language of the warrant
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Knock and annouce rule not required when:
Officer reasonably believes it would be feudal to do so, dangerous to do so, or would inhibit the investigation
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8 main exceptions to the warrant needing a search and seizure warrant
ESCAPIST
- Exigent Circumstances
- Search incident to an arrest
- Consent
- Automobile
- Plain View
- Inventory
- Special Needs
- Terry Stop and Frisk
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Exigent Circumstances: Three Types
Evidence would disapate or disappear in the time it would take to get a warrant
Hot pursuit allows police to enter a thrid party to enter home of felon or 3rd party. Officer may size any evidence in plain view
When police objectively believe that ia person is in need of emergency aid to address or prevent injury.
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Search indicent to arrest:
Arrest must be lawful and there must be a need to preserve officer safety. The timing must be contemporaneous in time and place to the arrest and the officer may search the wingspan and any containers within the arrestee's immediate control without regard to the offense for which the arrest was made.
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Automobile searched incident to a custodial arrest:
Automobile including closed containers but not the trunk. Once the officer has secured an arrestee, the officer can search the arrestee's vehicle only if she has reason to belive the vehicle may contain evidence relating to the crime for hwich the arrest was made.
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Consent:
Consent must be voluntary and intelligent to satisfy this santard policie officers do not need to tell someone that she has the right to refuse consent. The scope extends to all areas that the a reasonable officer would believe he had recieved permission to search.
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Under consent searches can an officer rightly search a premises if the person who gave him consent is someone who did not have the actual authroity to give permission/
Yes, if the officer reasonably believed that the consenting party had actual authority
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Automobile exeception:
Justification:
Standard :
Where can the officer search:
Justification: the ready mobility and the individuals' lessor expectation of privacy in vehicles
Standard: Police officers need probable cause to believe that contraband or evidence of a crime will be found in the vehicle
Police may search the entire vehicle and they may open any package, luggage or other container whic may reasonably contain the items for which there was probable cause to search
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Plain View
Law full access to the place from which the item can be plainly seen
Lawful access to the item iteself
the criminality of the item must be immediately apparent
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Inventory Searches
Valid if the regulations governing them are uniform and stated, the search itself conforms to those regulations, and the search is conducted in good faith
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random drug tresting:
Supreme court has approved warrantless random drug tests including:
Railroad employees following an impact accident
Customs agents responsbile for drug interdiction and
Any student who participates in any extracurricular activities.
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