WEEK 9 Flashcards
(22 cards)
protects the privacy of the individual and his home from intrusion from the state and all searches should be executed to a warrant
4th amendment
exigent circumstances and forfeiture of the expectation of privacy are what
exceptions to a search warrant
situations that demand immediate action by law that allow a search without a warrant
exigent circumstances
include consent, plain view, an arrest warrant issued for an individual, individual on probation or parole and when property is abandoned that allow a search without a warrant
forfeiture of the expectation of privacy
intended to limit police behavior and is issued by a neutral and detached magistrate
search warrant
probable cause is ___ defined in the constitution
NOT
the removal of evidence in a criminal trial when it was secured in illegal ways
exclusionary rule
if the first part is illegally obtained, the rest is tainted/poisoned
fruit of the poison doctrine
public safety, inevitable discovery, and good faith are all what
exceptions to the exclusionary rule
when there’s a threat to the public and the needs of safety outweigh citizens rights to be searched
public safety exception
when police can prove they would’ve discovered items through lawful means, no misconduct
inevitable discovery exception
when a warrant was proved to be invalid after a search, but police were acting in good faith at the time
good faith exception
once lawfully arrested, a search is permissible/allowed without a warrant
search incident to a lawful arrest
limited short time detention was not an arrest
stop and frisk
probable cause must exist for a car to be searched without a warrant
automobile exception
an item in plain sight can be obtained without a warrant
plain view exception
the subject allows police to search without a warrant
consent
police __ ___ have to inform to a person they they can deny a search, just no coercion
do not
once you give up interest on an item and discard it, you no longer have an expectation of privacy to it
abandoned property
protects against self-incrimination
5th amendment
5th amendment applies to felony and misdemeanor, not
summary offenses
the right to counsel
6th amendment