cl part 3

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Search and Seizure
- based on 4th Amendment
- What gov cant do in taking your stuff
- Law changes with times
- ***constitution protects you from big gov not big businesses
- Only search if reasonable- we us probable cause
Probable cause for search
- Have evidence that the crime occurred
- What reasonable?
- • Say exactly if reasonable (warrant)
- o If defendant don’t want info taken, they need to show that they are not allowed to do that (mistake was made)
-  States job if no warrant
- • If not reasonable  exception
Exceptions- all probable cause besides last
- Plain view
- Consent
- Search incident to arrest
- Exigency
- Terry stop
Plain view
- 1. Clearly contraband
- 2. Officer can see the contraband
- 3. Officer is in a place they are legally allowed to be
Consent- cant complain if you say it is okay
- 1. Person with authority over property
- 2. Voluntary consents to the search
- 3. Okay to withdraw
Search Incident to Arrest
- 1. Arrested
- 2. Okay to search for weapons
- 3. On your person and/or the area near you
Exigency (emergency)
- 1. Emergency situation
- 2. Okay for police to enter and search
- ¬¬¬¬
- Terry vs Ohio
- Terry keep looking at jewelry store and talking to friends but not buying
- Police reasonably suspicious
- • Pat people down and terry have pistol w/o permit
- • Reasonable bc preventing crime
Terry stop
- 1. **Reasonable suspicion (less than probable cause)
- 2. That a crime had occurred or was about to occur
- 3. Okay for cops to briefly
- a. stop the suspect
- b. pat him down for safety and
- c. ask questions
- • then you have probable cause and you make an arrest or no probable cause and you have to let them go
What is penalty if gov violates the rules?

Exclusionary Rule
Exclusionary rule
- If violate rules then any evidence you got form violating the rules is excluded in trial
- (ends cant justify the means)

Author

pugsrule915

243989

Card Set

cl part 3

Description

part 3

Updated

2013-10-30T20:20:13Z

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