Legal Aspects
Constitutional and Criminal Laws
Legal Issues for Searches
Doctrines and Searches
Doctrines and Searches
100
A planned and coordinated legal search of a crime scene to locate physical evidence or witnesses to the crime under investigation.
What is A Crime Scene Search
100
A judge’s written order authorizing a law enforcement officer to conduct a search of a specified place and to seize evidence”
What is a search warrant
100
nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws
What is the 14th Amendment
100
phrase derived from the Gospel of Matthew, “Even so every good tree bringeth forth good fruit; but a corrupt tree bringeth forth evil fruit
What is Fruit of the Poisonous Tree
100
This defendent argue in this case that police lacked probable cause to enter his home, and, thus, the trial court erred in failing to suppress the marihuana found in plain view after that entry. The court of appeals affirmed the trial court's ruling.
What is The State of Texas v. Christopher Chad Parker, Apellant
200
Establish that a crime was committed. Place a suspect at a scene. Eliminate persons, such as through DNA testing. Cause suspects confronted with physical evidence to confess the crime.
What are Objectives of a Crime Scene Search
200
This guards against unreasonable searches and seizures
What is the 4th Amendment of the US Constitution
200
The standard by which a police officer has the right to make an arrest, conduct a personal or property search, or to obtain a warrant for arrest.
What is Probable Cause
200
it was discovered in part as a result of an independent, untainted source; it would inevitably have been discovered despite the tainted source; or the chain of causation between the illegal action and the tainted evidence is too attenuated.
What is The Fruit of the Poisonous Tree doctrine's three main exceptions
200
The standards for a warrantless entry into a home differ from those for a warrantless arrest. (7) Each action requires the police to jump over
What are two distinct hurdles
300
Ensure all potential evidence is safe-guarded and property and clothing remain on the body of the deceased. Prior to leaving the scene, ensure the body is protected from further trauma or contamination, and unauthorized removal of therapeutic and resuscitative equipment
What is What is Secure the Remains
300
It was ratified as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution.
What is the 4th Amendment
300
lowered the threshold of probable cause by ruling that a "substantial chance" or "fair probability" of criminal activity could establish probable cause. A better-than-even chance is not required.
What is The Supreme Court decision Illinois v. Gates (1983
300
a search warrant is required to perform a lawful search. An exception to this requirement is searches incident to a lawful arrest
What is the Chimel Rule
300
If either probable cause or exigent circumstances are not established, a _______ will not pass muster under the Fourth Amendment
What is a warrantless entry
400
Next of kin of a deceased victim(s) should be notified as soon as possible by a person of this office.
What is The Medical Examiner's Office
400
nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law
What is The 5th Amendment
400
established that "stop and frisks" (seizures) may be made under reasonable suspicion if the officer believes a crime has been committed, is, or soon will be committed with a weapon concealed on such person.
What is Terry v Ohio
400
This search is limited to only the person arrested and the area immediately surrounding the person in which the person may gain possession of a weapon, in some way effect an escape, or destroy or hide evidence.[1]
What is Search Incident to Arrest....The Chimel Rule
400
The exemption allows evidence collected in violation of privacy rights as interpreted from the Fourth Amendment to be admitted at trial if police officers acting in good faith (bona fides) reliance upon a defective search warrant — that is, they had reason to believe their actions are legal (measured under the reasonable person test).
What is The Good Faith Doctrine
500
The person who: 1. Ensures the body is properly placed in the bag. Maintain jurisdiction over the body, and record any transactions. Ensure appropriate officials sign the death certificate and other respective documents
What is The Medical Examiner's Office-Medical Investigator
500
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
What is the 6th Amendment
500
evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law.
What is the Exclusionary Rule
500
police can search a car following arrest only if they could have a reasonable belief that the person arrested "could have accessed his car at the time of the search" or "that evidence of the offense for which he was arrested might have been found therein.“
What is Arizona v. Gant (April 21, 2009
500
Evidence obtained through an unlawful search or seizure is admissible in court if it can be established, to a very high degree of probability, that normal police investigation would have inevitably led to the discovery of the evidence.
What is Inevitable Discovery Doctrine
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