What allows an officer to conduct a search without a warrant when there is an immediate need to prevent harm, destruction of evidence or escape of a suspect?
Exigent Circumstances
What are the (2) Types of authority a consenting party must have to allow a search of property?
(1) Actual
(2) Apparent
Actual or Apparent
An act that is either committed or omitted in violation of a law that prohibits or commands it
Idaho Definition of a “Crime”
What Idaho Statute is equivalent to the 4th Amendment and State Constitution Article I Section 17?
19-4401
Difference between ‘Plain View’ and ‘Open View’
Plain View - applies to warrantless searches
Open View - applies to areas protected by the 4th Amendment
What are the (3) key components required for consent to search in Idaho?
(1) Freely
(2) Voluntarily
(3) Authority
Legal principle established by - Weeks v. US
Exclusionary Rule
What are the (2) ways consent can be modified during a consensual search
(1) Limited
(2) Revoked
What are (2) Circumstances under which the 6th Amendments ‘right to counsel’ becomes relevant
(1) Criminal Compliant is Filed
(2) Indicted by Grand Jury
Idaho Statute that defines a ‘crime’
18-109
What is an ‘Infraction’ in Idaho
A Civil Public Offense
The area immediately surrounding and associated with a residence in which a person has a reasonable expectation of privacy
Curtilage
What are the (3) Essential criteria for a valid waiver of Miranda Rights?
(1) Voluntary
(2) Knowingly
(3) Intelligent
What does the ‘Exclusionary Rule” prevent in a criminal trial?
The use of illegally obtained evidence
What are the (3) types of ‘Inchoate Crimes’
(1) Attempt
(2) Conspiracy
(3) Solicitation
Difference between ‘Arrest Warrant’ and ‘Bench Warrant’
Arrest Warrant = Issued for suspects arrest
Bench Warrant = Issued when defendant fails to appear in court
Right to counsel in a criminal proceeding is found under what Constitutional Amendment?
6th Amendment
Right to be free from unreasonable searches and seizures is found under what Constitutional Amendment?
4th Amendment
Being in ‘a state of alarm’ is part of what color of awareness?
Orange = Being in a state of alarm
When clearing a building a ‘Doorway’ is an example of what?
Fatal Funnel
Right to be free from ‘self incrimination’ is found under what Constitutional Amendment?
5th Amendment
Is ‘Assault’ considered to be an ‘Inchoate crime’?
Yes
Right that prohibits ‘Cruel and unusual punishments’ is found under what Constitutional Amendment?
8th Amendment