Exceptions to Warrant Requirement
If an object connected with a crime can be seen from a place where an officer has a right to be, it can be seized without a warrant.
What is Plain View
When agents take possession of property or persons?
What is Seizure
True or False : Questioning may continue if the person requests an attorney or refuses to answer questions
What is False
Government agents look for evidence in a manner that intrudes into a person’s legally protected zone of privacy
What is a Search
A search warrant is valid for this amount of time
What is 48 hours?
The search must be conducted at the time of or immediately following taking someone into to custody
What is Search Incident to a Lawful Arrest
Judicial writ or order authorizing the doing of a specified act, such as arrest or search.
What is A Warrant
Danger of escape ,Threats to evidence ,Threats to others?
What is Exigent Circumstances
An order issued by a judge, directing officers to take into custody a particular individual
What is an Arrest Warrant
Probable cause to believe that a Class 1 misdemeanor or higher has been committed and reasonable grounds to believe that the subject described in the affidavit committed the offense
What are the requirements for a non-testimonial identification order?
When a person voluntarily agrees, the police may conduct a search without a warrant or probable cause.
What is Consent
Belief ,based on experience and training of the officer, that criminal activity has happened or is about to happen and that the person detained may be involved in the crime.
What is Reasonable Suspicion
Illegally seized evidence generally cannot be used
What is Exclusionary Rule
True or False: Officers may serve a Search Warrant that has expired
What is False.
An identification procedure that improperly focuses suspicion or attention on the suspect and encourages the witness to pick the suspect.
What is unduly suggestive?
“Cop Hears Screams”, doesn't have time to get a warrant.
What is Emergency Situations
Prohibits unreasonable searches and seizures
What is The 4th Amendment
In addition to being excluded as evidence against the defendant, evidence resulting from an illegal search may not be used to discover other evidence.
What is Fruit of the Poisonous Tree
.
Police, when attempting to catch a suspect, are not required to get a search warrant before entering a building that they have seen the suspect enter.
What is Hot Pursuit
This type of law is enacted by legislative branches of government.
What is Statutory Law?
Supreme Court case which found that police officers who are suspicious of an individual may run their hands lightly over the suspect’s outer garments to determine whether the person is carrying a concealed weapon
What is Terry v. Ohio
Defined as a reasonable belief, based on fact, that a crime has been committed and that the person, place, or object to be searched and/or seized is linked to the crime with a reasonable degree of certainty.
What is Probable Cause
Supreme Court ruling which requires that police officers advise people who are both in custody and interrogated of the constitutional right (from the Fifth Amendment) not to incriminate themselves
Miranda v. Arizona
Warrants are required in two key situations:
1- Arrests and searches in private homes or on specific types of private property
What is the other one?
What is Arrests for minor offenses committed out of view of the arresting office.
A lawsuit, criminal prosecution, and exclusion of evidence
What are the potential consequences of LEO violating a citizen's constitutional rights?