Vocabulary to review
Terms
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- 4th Amendment
- A constitution right to be protected against unreasonable search & seizure
- Legally Obtained
- Evid. meets constitutional & statutory standards in the way it was obtained
- Reasonable Expectation of Privacy (REP)
- A place,property,or personal effects where society grants 4th Amend.
- Search
- An exploratory invest.,look for,seek out in a area person possess REP
- Seizure
- The holding/Taking of a person or object whether thru use of physical force or submission to authority
- Prop.8
- Right to truth in evidence
- Right to truth in evidence
- No relevant evidence shall be excluded in a criminal proceding unless it violates a provision of the Constitut.
- Exclusionary Rule
- Excludes evidence seized in violat of the Constitution (4,5,6,14Amend.) from being present in court
- Silver Platter Doctrine
- States were free to make their own interpretation of the Constitution leading to abuse of police searches.
- Fruits of poisonous Tree
- Evidence that is suppressed as a result of a 4th Amend. violation
- Standing
- A person who has ownership to over area/property and then the ability to raise a 4th Amend. objection
- CASE (Legal Doctrine)
- Legal doctrine under which search and seizure are reasonable
- (C)(A)(A)(S)(E)
- Consent,Arrest,Adminstrative, Search_warrant,Emergency
- Consent Search
- Person knowingly/voluntarily waives 4th Amend.
- Arrest (Legal doctrine)
- Incident-to-arrest custodial arrest, officer may do a brightline search and arm's reach search for Fice/Weapons
- Emergency Search
- A search to solve danger to life&limb,property damage, escape of susp., destruction of evidence
- Exigent Circumstance(Exigency)
- Emergency circumstance requiring swift & immediate action to prevent danger to life ...
- Scope
- What the officer is looking for it and where he will find it.
- Plain View
- Fice seen in plain view by officer isn't a search if he has the right to be where the observation is made
- Curtilage
- The area suronding and immediately associated w/ the housewhich has REP.
- Open field Doctrine
- There is no REP in open field and ladscape
- Contact
- contact b/w officer & a person which doesn't involve the restraint on the person freedom of moviment
- Detention
- A temporary stop for investigation
- Reasonable Suspicious
- A factual believe that a person is about to commit a crime, is committing,or has committed one + facts linking criminal activities
- Detention Factors
- Legal circumstance justifying "reasonble suspicion" for a detention