Exceptions to the Warrant Requirement
A valid search upon granted authority.
What is Consent
Physical intrusion on another's property with the intent to gather information
What is the Constitutional Trespass Test
A common sense reasonable person determination that there is guilt.
What is probable cause
I can be executed anytime, there are no statute of limitations on me
What is an arrest warrant
After a lawful arrest for drunk driving a cop may do this without a warrant
What is a Breath Test
A search of the suspect's outer clothing upon reasonable suspicion that he is armed & dangerous
What is a Terry Pat-Down
Who is a prisoner.
Cops can rely on this if the veracity and basis of knowledge is corroborated.
What is an Anonymous Tip
I cannot participate or observe a warrant execution unless I am aiding the execution of the warrant.
Who is a 3rd Party?
DUI checkpoints, Metal Detectors in public buildings, & airport screenings
What are Special Needs Searches
Garbage, communications that can be heard in public, & walking about in public.
What is the public disclosure doctrine
I must review and approve the warrant application
Who is a neutral and detached judge
Who is the Media
Cop seizing an item that he immediately recognizes as a weapon or contraband upon touch.
What is Plain Feel Doctrine
Property so intimately tied to the home
What is curtilage.
This application must describe the persons being investigated, conversations being heard, and timeframe for the conversation.
What is a wiretapping warrants?
Must be done before executing a warrant at home.
What is the Knock & Announce Rule
Cop stops suspect to really investigate another unrelated crime
What is a pre textual stop.
A permissible photography from the air over this
What are open fields
Swearing to the existence of probable cause
Evidence by egregiously invasive means will be excluded
What are methods that shock the conscience