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10 Cards in this Set
- Front
- Back
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Search and Seizure - Who |
Police Citizen acting under police orders Security guard with power to arrest Public school admin |
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Search and Seizure - Areas Protected/Unprotected |
Protected - Person, House, Papers, Belongings Unprotected - physical characteristics, odors, garbage, open fields, financial records, air space |
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Search and Seizure - Violated? |
1) Physical intrusion on CON protected area 2) Reasonable expectation of privacy |
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Search and Seizure - Standing |
1) Own premises 2) reside at premises 3) Overnight guest at premises 4) NO STANDING if using for biz purposes 5) NO STANDING for passenger of car --Car passenger can challenge posession of weapon in NY |
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Search and Seizure - Warrants |
1) Neutral magistrate - no bias 2) Probable Cause and Particularity 3) Good Faith - sometimes for MBE only 4) Properly Executed |
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Search and Seizure - Warrants - Probable Cause and Particularity |
PC - Fair probability, hearsay ok, anonymous tip --NY PC - Aguilar-Spinelli - reliability and veracity of tip, if dont know basis, officer can observe Particularity - place and items specific IN NY - if dont have either, warrant will NOT be saved by good faith |
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Search and Seizure - Warrants - Good Faith |
for MBE, GF can overcome deficit in PC and Particularity except: 1) seriously lacking PC 2) Officer could not reasonably rely 3) Used knowing or reckless falsehoods 4) Biased magistrate |
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Search and Seizure - Warrants - Properly executed |
1) Compliance with terms of alliance 2) Knock and Announce, unless futile, dangerous, or will inhibit |
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Search and Seizure - Valid Warrantless Searches |
ESCAPIST Exigent circumstances Search Incident to Arrest Consent Automobile Plain View Inventory Special Needs Terry Stop and Frisk |
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Search and Seizure - Valid Warrantless Searches - Exigent circumstances |
Evidence that would disappear in time it takes to get warrant Hot Pursuit - stuff seen in plain sight during this Emergency Aid - have to enter house for emergency |
