Warrants requirement for boldly intrusion searches and seizures
This amendment protects people against unreasonable searches and seizures of their bodies, homes, and possessions.
the 4th amendment
Evidence can be taken from a person’s body without a warrant if this happens the person freely allows the search.
What is giving consent?
DNA
What is Use of Force?
Reasonable Force to overcome resistance when lawfully seizing evidence.
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To search or seize evidence from someone’s body, officers usually need this official document approved by a judge.
what is a warrant
In DUI cases, refusing this type of test can lead to criminal penalties, and officers must document the refusal.
What is a breath test
What is Stable Evidence?
Evidence that doesn’t change over time
Limits on force-
Excessive force is not permitted or any force that would “shock conscience”
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This must be specifically authorized in a warrant general wording about searching a home or car isn’t enough.
What is a bodily intrusion search?
Before seizing evidence or making an arrest, officers must have enough facts to establish this legal standard
What is probable cause
What is a Exigent Circumstance?
This allows officers to act without a warrant if loss of time could lead to evidence destruction
Officers that have probable cause can use minimal and safe procedures to stop the suspect. T or F
True
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Warrants must be based on this enough reliable information to show that evidence of a crime will likely be found.
What is probable cause?
This type of evidence collection from a person’s body can happen without a warrant if specific legal conditions, like consent or exigent circumstances, are met.
What is a warrantless bodily intrusion search?
Whats an example of a Evanescent Evidence?
Alcohol levels, Blood test for drugs or fingernail scrapings
Detain suspect until passed naturally or get medical help/warrant if needed.
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Before approving a body search, courts consider if it’s safe, medically appropriate, and justified by the seriousness of the offense.
What are safety, medical standards, and necessity?
When a suspect refuses a breath test, officers must do this to show the choice was offered and declined.
What is record or document the refusal
What is a Evanescent Evidence?
Evidence that will change overtime
Documentation-
Record and justify to show that force was necessary to keep evidence safe.
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