Step 1 and 2(A)
If the conduct at issue was engaged in by government-authorized personnel, then this applies:
What is the 4A?
4A applies to government seizure of
what is government seizure of a person and property?
A common-sense or “reasonable person” determination that, under the totality of the circumstances.
what is Probable Cause?
Situations when a citizen or officer is in imminent danger, evidence is about to be destroyed, or a suspect’s escape is imminent.
What are exigent circumstances?
No warrant is necessary, officers only need probable cause to search a vehicle, and any part of it can be searched.
What is Automobile Exception?
Any person working on behalf of the police, FBI, or other local, state, or federal government organization.
What is government authorized personnel?
police meaningfully interfere with the person's possessory interest in an item
what is seizure of a property?
To attest to the truth of the information included in the warrant application, the officer must sign?
What is an oath and affirmation?
This doctrine applies when a police officer conducts a lawful pat-down search and detects an object by touch that the officer immediately recognizes to be a weapon or contraband.
What is Plain Feel Doctrine?
With searched of the common areas of a dwelling but not to a tenants room or other private spaces in the dwelling, officers would only need?
What is Third Party Consent
Elements to ____ Test: (1) A person has a legitimate personal expectation of privacy in the area being searched by the government (or the communications being collected via government surveillance); and (2) This expectation is reasonable under the circumstances.
What is Katz test?
when a police Officer uses physical force on the person or displays a show of authority and the subject submits to the officers authority by stopping and a reasonable person would feel they are not free to leave
What is a Terry Stop?
If a police officer wants to arrest a suspect in the suspect’s home, then the officer needs an arrest warrant just as the officer would need a search warrant to search the home. To execute a search or arrest warrant at the suspect's residence the officer must?
What is Knock and Announce?
If a police officer arrests a felony suspect in public or on the suspect’s property but outside the suspect’s house, the office needs this to arrest.
What is probable cause?
Police later obtains independently through activities unattained by the initial illegality
What is Independent Source?
Elements to ____Test: (1) the police physically intrude onto a person’s property beyond what is socially expected or any implied license; (2) with the intent to gather information.
What is the constitutional trespass test?
an Officer arrests the person or otherwise deprives them of freedom in a significant way
What is "Taking into Custody"?
The police must describe the specific persons and conversations to be overheard, as well as a particular and narrow timeframe within which the conversations will be overheard. The timeframe must include a termination date and may be extended only by returning to the court with supporting evidence.
Independent source, inevitable discovery, dissipation of taint, good faith and In-court identification.
Elements to ____ Test: (1) The police use technology that is not in general use; and (2) The technology gathers information about the defendant’s home that would otherwise be unobtainable without intrusion.
What is the Kyllo test?
A person significantly believes he was not free to leave.
What is "Not" a terry Stop?
This warrant may be issued if there is probable cause to believe that the evidence will be at that location at a future time after the occurrence of a triggering event.
What is Anticipartory Search Warrant?
K-12 public officials may search the belongings and person of a student without a warrant under this standard.
What is Reasonableness Standard?