4th Amendment
Enough facts exist that reasonable people would believe a crime has probably occurred
What is Probable cause
In addition to probable cause, this must also be described on the search warrant
What is Person, location, and things to be seized
This search should be limited to the person and the immediate area within reach of the arrestee or the surrounding area to ensure officer safety.
sSearch incident to an arrest
Voluntary, Investigative, and Arrest
What are three types of police encounters with the public
This person makes the decision to charge/prosecute a criminal case
Prosecutor (District Attorney)
Prevents evidence from being used if it was not gained properly
Exclusionary rule
Protects citizens from unreasonable search and seizure due to colonists dealings with the British.
What is the 4th Amendment
These are all reasons for this type of search: Evidence destruction, Hot pursuit, Preserve life, Officer Safety
What is Exigent circumstances
The four reasons for a modern wanted notice
Identification, Alert other LEO, Provide possible areas to surveil , Describe crime
These are all possible reasons for this to happen: weak case, testimony in bigger cases, the defendant could have bigger cases in other jurisdictions or is already in custody
cases or charges not prosecuted
In order to obtain a search warrant an investigator must have this
What is probable cause
Items not listed on the search warrant may be seized as evidence if the search is
What is reasonable
If a LEO is lawfully in a place and can clearly see illegal goods they can be seized under this exception.
What is the Plainview exception
When searching for a wanted person what are some possible sources of information regarding contacts and locations?
Tax records, utility company, courts, schools, finance companies, apartment, prison, social media
If an officer has reasonable suspicion they may conduct a non-invasive search for weapons in this type of search.
Terry search
This person usually issues a search warrant
Judge
This is less than probable cause but used to detain for further investigation
Reasonable suspicion
When dealing with areas where citizens have an expectation of privacy this or an exception is generally needed before LEO's conduct a search.
search warrant
The difference between arrest and detention
Arrest needs PC while detention requires RS
In order for evidence to be presented in court it must have
Relevance and be material
This case applied the Exclusionary rule to the states
Mapp v Ohio
Created the exclusionary rule.
Weeks v US (1914)
These are examples of when an officer may be in a position to use this exception: Responding to an emergency, hot pursuit, executing a search warrant
What is the plain view exception
Areas the defense may attack regarding witnesses that the investigator should be prepared for before a trial.
Variances in initial witness descriptions, widespread distrust of witness statements, and variances in witness statements
Citizens can refuse or stop this search at any time
consent search