Warrant Requirement
Search and Seizures
Exceptions to Exclusionary Rule
Exceptions to Warrant Requirement (1)
Exceptions to Warrant Requirement (2)
100

Rule police officers must follow at the moment of executing a search or arrest warrant at a suspect's residence and must wait a reasonable amount of time if there is no response before executing said warrant.

What is "Knock and Announce" Rule

100

This kind of stop occurs when a person believes they are not free to leave an encounter with police. It may involve physical force by officer or show of authority.

(What is Terry Stop)

100

This exception may be used to admit evidence that police later obtain independently through other activities not tainted by any initial illegality 

What is independent source.

100

A cursory search where a police officer conducts a pat-down of the suspect’s outer clothing. The officer must have reasonable suspicion that the suspect is armed and dangerous in order to do this.

What is a (Terry) Frisk?

100

When an officer is in hot pursuit of a suspect, this exception to the warrant requirement applies.

What are Exigent Circumstances.

200

A violation of this occurs when a warrant does not have the specific place and/or items to be searched.

What is the Particularity Requirement.

200

This two step test is used to determine if a person has a legitimate expectation of privacy and that expectation is objectively reasonable under the circumstances.

What is the Katz test.

200

This exception allows evidence to be admitted if police would have eventually discovered it legally. 

What is inevitable discovery.

200

A type of search for safety or other noncriminal investigative reasons. Probable cause or reasonable suspicion is not required. These include DUI checkpoints, license and registration checkpoints, airport screenings, public employee drug testing, and metal detectors at public buildings.

What is a Special-Needs Search?

200

When a misdemeanor is committed in front of an officer, the officer can arrest that person under this exception to the warrant requirement.

What is a Lawful Arrest.

300

These are the two things police officers look at to determine if probable cause exists through an anonymous tip.

Veracity or reliability of the tip, and the basis of the informant's knowledge.

300

This is any vast area of unoccupied or undeveloped areas beyond the curtilage of the home which may be subjected to search by police.

What are open fields

300

This exception applies when enough time has gone by between initial illegal behavior by police and then later evidence emerges as a result of the defendant's free will. 

What is dissipation of taint.

300

These types of searches can occur at international airport terminals. These searches have the widest latitude in being conducted without a warrant or probable cause based on the longstanding right of a sovereignty protection.

What is a Border Search?

300

This can be freely given by a suspect and revoked at anytime.

What is Consent to Search.

400

Unless good cause is shown, search warrants must typically be executed at this time and within this time frame.

Within 14 days of their issuance and between 6 am and 10pm.

400

This is the test used to determine whether police have physically intruded on a person's property beyond social expectations with the intent to gather information.

What is constitutional trespass test.

400

This exception applies if police reasonably rely on a warrant that later was found to have an error. 

What is good faith exception.

400

These are the two types of Border Searches.

What are routine and nonroutine searches.

400

An officer can arrest a felony suspect in public, or outside their home, without a warrant, if they have this.

What is Probable Cause.

500

After police officers conduct this they can detain a third-person in a home and conduct a Terry pat-down

Protective sweep

500

This doctrine describes when one does not have an expectation of privacy with regards to Information voluntarily disclosed to the public, for example including garbage disposed of on the street.

What is public disclosure doctrine.

500

This type of identification may still be used as evidence even if there was a prior illegal arrest or seizure. 

What is in-court identification.

500

These are searches of lawfully impounded property which may be conducted without a warrant as part of a standard policy consistent with the purposes of protecting property in law enforcement custody and protecting law enforcement officers from potential dangers presented by the property. No additional level of suspicion or probable cause is required.

What is an Inventory Search?

500

An officer can seize an item under this exception if they are lawfully present in a location, see the item in plain view, have probable cause to believe it is contraband/evidence, and this?

What is ‘has lawful right of access to the item’