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I Know My Rights, and You're Gonna Need a Warrant for That!
The Warrant Requirement
Don't Bring That Poisonous Fruit In Here:
The Exclusionary Rule
You Need A Warrant For That, Unless....
Exceptions to the Warrant Requirement
Halt in the Name of the Law!
Stop and Frisk
Don't Search & Seize Me Bro:
Searches & Seizures
100
This Federal Rule of Criminal Procedure allows for the issuance of warrants for searches and arrests.
What is Fed. R. Crim. P. 41?
100
Any evidence found through unconstitutional means cannot be used in court. The sole purpose of this rule is to deter improper police conduct.
What is The Exclusionary Rule?
100
An officer can always search any person, place, or vehicle without a warrant or probable cause when this is voluntarily given under the totality of the circumstances.
What is consent?
100
Unlike an arrest, which requires probable cause, in order for an officer to stop a person, the officer need only have _____.
What is Reasonable Suspicion?
100
When the facts and circumstances before the officer are such to warrant a man of prudence and caution in believing that the offense has been committed.
What is Probable Cause?
200
This type of warrant is based on an affidavit for a search warrant, which states that the search will occur only if certain events occur. Still requires probable cause.
What is an anticipatory warrant?
200
If the police can demonstrate that they would have inevitably discovered the evidence without a violation of the Fourth Amendment, then the Exclusionary Rule does not apply and the evidence is admissible.
What is Inevitable Discovery?
200
Under this exception, an officer does not need a warrant when the officer is lawfully on the scene AND the evidence is obviously incriminating.
What is the Plain View Exception?
200
A brief detention of a person by police on reasonable suspicion of involvement in criminal activity but short of probable cause to arrest.
What is a Terry Stop?
200
Where a person has an actual expectation of privacy and society views that expectation of privacy as reasonable, then the courts will say that there has been a ____________.
What is a Search?
300
These are the 4 things that an officer must have in order to get a warrant.
What is probable cause, oath or affirmation, particular description of place to be searched, persons or things to be seized?
300
When a wholly separate line of investigation, shielded from information gathered in an illegal search, turns up the same evidence through a separate, lawful search, this doctrine renders the evidence admissible.
What is the Independent Source Rule?
300
Hot pursuit of a felon, protecting safety, and preventing destruction of evidence are all considered by the court to be ________.
What is Exigent Circumstances?
300
When police frisk a person, they may seize any evidence apparent to their _____________.
What is Plain Feel?
300
When there is "some meaningful interference with an individual's possessory interests in that property", the courts hold that there is a __________.
What is Seizure?
400
Unless doing so would endanger officers or lead to the destruction of evidence, police must do what before entering a house.
What is Knock and Announce?
400
Because the Exclusionary Rule applies only to reckless or deliberate violations of the Fourth Amendment, this exception allows the admission of evidence when the evidence is obtained because the police reasonably relied on an invalid warrant or negligently violated the Fourth Amendment.
What is the Good Faith Exception?
400
This exception allows for the search of an arrestee's person and the area within his immediate control without a warrant or probable cause.
What is a search incident to lawful arrest?
400
If a reasonable person under the circumstances would believe that he or she were not free to leave, then that person would be considered to be ______.
What is Seized?
400
A person's home and the areas immediately adjacent to it are protected under the Fourth Amendment as...
What is Curtilage?
500
A person inside a residence at the time that a search warrant is executed on that residence may be detained based on these 3 justifications.
What is preventing flight if incriminating evidence is found, minimizing risk of harm to officers, and help in orderly completion of the search?
500
When there is a disconnect between the police misconduct and the evidence obtained by the unconstitutional search, this doctrine renders the evidence admissible.
What is the Attenuation of the Taint?
500
This is a permissible quick and limited search of premises, incident to an arrest, conducted to protect the safety of police officers or others.
What is a Protective Sweep?
500
In determining whether an anonymous tip is sufficient for reasonable suspicion to warrant a stop and frisk, the court will look to ________.
What is the Totality of the Circumstances?
500
The courts have emphasized that the central requirement of the Fourth Amendment prohibition of "unreasonable searches and seizures" is _______.
What is Reasonableness?