The Plain View Doctorine
Where must the officer be for the Plain View Doctorine to apply?
The officer must be lawfully in the place where the evidence is visible
What does the Good Faith Exception allow police to do
It allows police to use evidence in court if they honestly thought they were following the rules
What was a key focus of the warren court?
the warren court expanded many constitutional rights and focused on protecting people accused of crimes
When are emergency Searches and property usually conducted?
They are conducted without a warrant in urgent circumstances
What is an anticipatory warrant?
It is a special search warrant used when police think evidence will be at a place in the future
What must be true about the evidence the officer sees?
The incriminating nature of the evidence must be immediately apparent
why did the police use the wrong warrant in one case?
they thought the warrant was correct, but it turned out to be wrong later
How did the burger court differ from the warren court?
The burger court shifted toward conservation and slowed down the expansion of rights
What must law enforcement show in order to justify an emergency search?
They must demonstrate a dire situation to justify the search
What must police show a judge to get an anticipatory warrant?
They must show that it is very likely the evidence will be there when they do the search
No officers move objects to find evidence that is a limitation of the doctrine
what did the supreme court say about police making an honest mistake?
the supreme court said the evidence could still be used if the police made a honest mistake
What was a characteristic of the Rehnquist court?
The Rehnquist court strengthened state power and continued making more conservative legal decisions
When did the Supreme Court recognize the need for emergency Searches?
The Supreme Court recognized the need for emergency Searches in 1967
Does the evidence have to be at the place when the warrant is asked for?
No the evidence does not have to be there at the time the warrants is requested
What did the case of Horton V. California decide about finding evidence?
It decided that the discovery of evidence does not have to be accidental for it to be admissible
whose mistakes can still allow evidence to be used besides the police?
mistakes by judges or computer systems can still allow the evidence to be used
What is the roverts court known for?
the Roberts court is known for close and votes and for limiting Exclusionary rule in several important cases
When can police enter a home without a warrant?
They can enter a home without a warrant if they believe someone is seriously injured
How does the anticipatory warrants compare to regular search warrants?
They work almost the same as regular search warrants but they are based on what will probably happen in the future
What can police seize evidence without a warrant under this doctrine
They can seize it without a warrant if the evidence is in plain sight and the officer is lawfully present
how does the good Faith exception help the police
it helps them by allowing evidence when they try their best to follow the law even if something goes wrong by accident
What is the topic of the text?
the topic is about the court systems
What three threats justify emergencies action such as emergency entry or search?
Danger to life, escape, or evidence destruction
When did the Supreme Court say anticipatory warrants are legal and in what case?
in 2006 the Supreme Court said anticipatory warrants are legal in a case called U.S. v. Grubbs