Search and Seizure Law
The amendment prohibiting unreasonable searches and seizures by the state and establishes that any search or seizure by the state must be based on probable cause.
What is the 4th Amendment?
What is a search warrant?
The owner has relinquished any expectation of privacy over the item.
What is abandoned property?
A limited warrantless search of the passenger compartment of a vehicle for weapons.
What is a protective search of a vehicle?
This amendment of self-incrimination only protects what a person may say, not any physical evidence that person may possess.
What is the 5th Amendment?
This occurs when an expectation of privacy that society is prepared to consider reasonable is infringed upon by the government.
What is a search?
Search warrants must include:
What is statutory grounds for issuance, identification of the area or person that may be searched, and identification of the item to be seized?
The reasonable believe that evidence will be destroyed if entry is delayed in order to obtain a warrant.
What is exigent circumstances?
Not a search but a procedure used to account for personal property in a vehicle that is being impounded or stored.
What is an inventory?
A planned and coordinated legal search to locate physical evidence or witnesses to the crime under investigation.
What is a crime scene search?
The relatively small and usually well-defined area immediately around a residence to which the occupant had a reasonable expectation of privacy.
What is curtilage?
Before entering a dwelling to serve a search warrant, officers must give notice to persons inside through certain actions.
What is knock and notice?
An act of free will and not the result of duress or coercion.
What is voluntary consent?
This search may occur only at or near the time of the arrest, at or near the place of the arrest, while the arrestee is still at the scene.
What is incident to arrest?
The three stages of a search warrant.
What is an affidavit, execution, and return?
An area or object means having enough facts or information to provide a fair probability, or a substantial chance, that the item sought is located in the place to be searched.
What is probable cause to search?
The evidence that proves a fact indirectly, that is, personal knowledge or observations from which deductions must be drawn by the jury or court.
What is circumstantial evidence?
Peace officers may search any area that is or was reasonably within the arrestee's control.
What is "Arm's reach" rule?
A vehicle may be deemed this if the crime was committed inside the vehicle or the vehicle was the means by which the crime was committed.
What is instrumentality?
An item seen from the lawful place of the officer, therefore no reasonable expectation of privacy exists.
What is Plain View?
This exists as long as individuals have indicated that they personally expect privacy in the object or area.
What is a reasonable expectation of privacy?
What is time limit for service?
What is discovery?
A vehicle that is self propelled.
What is a motor vehicle?
The names of Ms. Campbell's animals.