Definitions
What is Immediate Control?
What is The area within a person's reach
What is the two-pronged test? Aguilar v. Texas (1964):
1) Is the informant reliable/credible
2) Is the information believable?
What are exigent circumstances?
What is Emergency situations; they do not require a warrant.
What is the difference between inculpatory & exculpatory evidence?
Inculpatory evidence proves a defendant's guilt.
Exculpatory evidence favors the defendant by exonerating, justifying, or excusing their actions.
How does an interior room search work?
What is: It starts at the point of entry: the floor is searched first, then the walls including doors & windows, & then the ceilings.
After the room is searched in one directions its often searched in the opposite.
What are the 7 things that should be included in a search warrant?
1). Probable cause, 2). Specific location/place to be searched 3). Specific Items 4). Signature of judge 5). Date & Time issued 6). Name of officer 7). Limitations
What are UAV's
Unmanned aerial vehicles (UAVs) Police drones can be used for search and rescue missions, surveillance, and documentation of crime scenes. UAVs can be equipped with a variety of equipment to enhance their utility, including video and audio recorders, live feed cameras, low visibility and infrared cameras, radar sensors, GPS, and thermal imaging devices.
What makes a search justified & legal?
When it complies with the 4th Amendment's protections. It generally requires a warrant based on probable cause.
What is a Buie Sweep or Protective Sweep (Maryland v. Buie 1990)?
The authorized search by police of areas immediately adjoining the place of arrest, justified when reasonable suspicion exists that another person might be present who poses a danger to the arresting officers. (Can be anywhere)
What is Curtilage?
What is the portion of a residence that is not open to the public, retains an expectation of privacy, and is reserved for private owner or family use, in contrast to sidewalks and alleys, which are used by the public and which hold no reasonable expectation of privacy?
What are the conditions that make a search justifiable & therefore considered legal?
Search warrant has been issued, Consent is given, An officer stops a suspicious person and believes the person may be armed (frisk), It is incidental to a lawful arrest, The search is of a moveable vehicle (automobile exception), It is for inventory purposes, An emergency or exigent circumstance exists, It occurs at a point of entry into this country, The search involves an officer using “plain sense”, It involves open fields, abandoned property, or a public place.
What are the goals of a crime scene search?
Establish that a crime was committed and what the specific crime was, Establish when the crime was committed, Confirm where the crime was committed, Identify who committed the crime, Explain how the crime was committed, Suggest why the crime was committed