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Academy > 4th Amendment > Flashcards

4th Amendment Flashcards

1
Q

What does the 4th amendment cover?

A

Government action not private action

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2
Q

Does exclusionary rule apply to private searches

A

No

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3
Q

Does 4th amendment apply to a private citizen acting an instrument of the government

A

Yes

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4
Q

What is a search

A

Infringe on defendants REP in attempt to find evidence or information (KATZ)

Police physically intrude on defendants property (trespass) in attempt to find evidence of information (Jones)

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5
Q

Reasonable expectation of privacy REP

A

KATZ two part test

Individual exhibited Subjective REP

Society recognizes Objective REP

If both are met 4th amendment is violated

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6
Q

When is expectation of privacy highest?

A

In his or her home

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7
Q

Does curtilage have REP

A

Yes, garages porches and backyards areas immediately surrounding the house

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8
Q

Four factors determining curtilage

A

Proximity of home
Included in common enclosure
Use to which area is put
Steps taken to prevent observation

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9
Q

When can LEO go to open fields and look for evidence without warrant or other justification

A

Legitimate law enforcement purpose

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10
Q

Entering private property through any route driveway or sidewalk public is invited to take

A

No REP- implied consent

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11
Q

Abandoned Property

A

NO REP

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12
Q

Canine Sniff

A

Containers, luggage, located in public place. NO REP

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13
Q

Public Vantage point

A

Visual surveillance of a person by the police from the ground no physical intrusion on their property NO REP

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14
Q

Aerial Surveillance

A

NO REP

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15
Q

Seizure

A

Governmental termination of movement by a means intentionally applied

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16
Q

Indications of seizure

A

Some application of force (however slight)
Submission to a show authority
A reasonable person would not feel free to leave given the totality of circumstances

17
Q

Terry Stop

A

Reasonable Suspicion that Criminal activity is afoot and suspect is involved R/S CAAF

18
Q

Terry Frisk

A

Detention leading to frisk must be lawful R/S CAAF

The officer must reasonably suspect that the person is presently armed and dangerous RS PAAD

19
Q

What is Terry Frisk Limited to?

A

Search for weapons, or other sources of danger
May NOT be to search for contraband or incriminating evidence
Head to toe Unlocked Containers in IMMEDIATE POSSESSION
Soft objects if incriminating nature of item is immediately apparent

20
Q

Terry stop ( vehicle)

A

Reasonable Suspicion that person stopped is engaged in criminal activity RS CAAF

21
Q

What is a Terry Frisk (Vehicle) limited to?

A

RS to stop the vehicle
RS that driver or passenger is presently armed and dangerous
Suspect must be occupant or recent occupant
May frisk that person as well as entire passenger compartment of the vehicle
Locked containers in passenger compartment

22
Q

Probable Cause

A

Standard for the issuance of warrants and for arrests
Facts not mere conclusions
Totality of circumstances

23
Q

PC TO SEARCH

A

Specific items to be searched are connected with criminal activities

These items will be found in the place searched

24
Q

PC to Arrest

A

Violation of the law has been committed

Person to be arrested committed the violation

25
Q

Exclusionary Rule

A

Evidence obtained as a result of an unlawful search and or seizure is inadmissible

26
Q

Purpose of exclusionary Rule

A

To deter police misconduct

27
Q

Fruit of the poisonous tree doctrine

A

Evidence which indirectly derives from information learned illegally is also inadmissible

28
Q

No standing to object

A

Exclusionary rule exception

Defendant must demonstrate that he personally has an expectation of privacy in the place searched and that his expectation is reasonable

29
Q

Good Faith

A

Exclusionary Rule exception

Evidence seized by government in good faith reliance on a warrant issued

Academy (5 decks)

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