Search and Seizure Flashcards Preview

PA Crim Law & Crim Pro > Search and Seizure > Flashcards

Flashcards in Search and Seizure Deck (9)
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1
Q

4 S’s of Search and Seizure

A
  1. Was there state action
  2. Whether what happened was search
  3. Is there a valid search warrant
  4. Is suppression the proper remedy
2
Q

What is a search?

A

A search occurs where gov’t action infringes upon

  1. expectation of privacy
  2. and society recognizes that expectation as reasonable.
3
Q

Canine Sniffs

A

are a search

Canine sniff of property needs reasonable suspicion
Canine sniff of a person needs probable cause

4
Q

Pen Registers

A

is a search & warrant needed

5
Q

Bank Records

A

search of bank records is a search & warrant needed

6
Q

Informants Secretly Recording Conversations with Defendant in Defendant’s Home

A

Police need search warrant to send informant into your home

7
Q

Standing

A
  • ∆ charged with a possessory offense has automatic standing to challenge admissibility of evidence alleged to be fruit of an illegal search and seizure
  • ∆ must still prove that he had an expectation of privacy in the area searched that meets the Katz standards
8
Q

Abandoned Property

A

∆ who is chased by police, is seized at the time the chase is occured, and to sustain the chase, police must have either reasonable suspicion or probable cause

if ∆ discards something during the chase, he can claim suppression of police didn’t have RS or PC

9
Q

Seizures of Persons

A

Police must have immediate reasonable suspicion of ongoing illegal conduct

+ Frisk = need additional reasonable suspicion that the person is armed