Search and Seizure
The 4th amendment gives use privacy from unreasonable searches.
what is search and seize?
This legal standard requires law enforcement to have a reasonable belief that a crime has been commited.
What is probable cause?
This type of warrant is issued by a judge that allows law enforcement to serach a specific location.
What is a serach warrant?
The court
Who is responsible for enforcing the exclusionary rule?
Allows law enforcement to search a person and their immidente surrondings without a warrant if they believe their safety is at risk.
what is the "search incident to arrest" exeption?
The act of law enforcement searching a person or property without a warrant.
What is a warrantless search?
This type of evidence is often relied to create probable cause.
What is direct evidence?
This type of warrant is issued by a judge that allows law enforcement to serach a specific individual.
What is an "arrest warrant"?
The exclusionary rule
What states that evidence obtained illegally cannot be used in court?
Allows law enforcement to conduct a search without a warrant if they have reasonable suspicion that a crime has occure or is about to occur.
What is the "stop and frisk" exeption?
The temporary detention of a person by law enforcement for questioning.
What is a terry stop?
This legal test is often used to determine if there is probable cause to arrest someone.
What is the "reasonable person" test?
what is a commonly used exception to the warrant rule?
what is consent?
Mapp v. Ohio
What supreme court case established the exclusionary rule as a constitutional right?
Allows law enforcement to search a persons home without a warrant if there are exigent circumstances.
What is the "emergency" or "exigent circumstances" exeption?
This allows law enforcement to search a person and their immediate surrondings without a warrant.
What is the plain view exeption?
The level of certainty required for probable cause.
What is a reasonable belief?
If you give the police the right to search you don't have expectations of privacy.
Why does exeption make sense?
What amendment did dollaree win mapp v. ohio over
The 4th amendment
Allows law enforcement to search apersons home if they have voluntary consent from the occupant.
What is the "consent" exeption?
The legal authority granted to law enforcement to search a specific location or person.
What is a search waarant?
When does plain view apply furing a situation
Plain view is applied when the evidnce is clearly visible
it gives the individual privacy
why is consent to search important?
they can only search for evidence where it can be hidden
where can law enforcement search for evidence?
Allows law enforcement to serach a home if they are in immiediante pursuit of a suspect.
What is the "hot pursuit" exeption?