113-121 Flashcards
What does the fourth amendment state
The right to be free from unreasonable searches and seizures
What does the fifth amendment state
The right not to be compelled to give evidence against oneself
What are the two circumstances under which the police can reasonably search you
If they have a search warrant and when they have lawfully arrested you
What is a search warrant
The judges order authorizing a search
What is probable cause
Reasonable cause for issuing a search warrant or making an arrest more than mere suspicion
In general the police, after arresting you can search the following
You
things in plain sight things or places under your immediate control
What is good faith exception
An error in gathering evidence sufficiently minor that it may be used in trial
What is the USA patriot act
Designed to increase federal powers to investigate terrorists
Exclusionary rule
Improperly gathered evidence may not be introduced in a criminal trial
What are the circumstances under which a policeman can do a search without a warrant
During a lawful arrest Stop and frisk Consent Plainview Hot pursuit Vehicle searches Emergency situations Borders and airports
Stop and frisk
Suspicious behavior can lead to a patdown, not search, for weapons it’s find weapons then can search the first allows for drug pocket searches also
What is hot pursuit
Can chase a suspect anywhere and search any place he may have thrown something
Is an emergency situation
I found these being committed in response to that emergency for example bomb threats fire alarm screaming victims distraction of evidence escape of suspect or harm to the police
Borders and airports
Customs can look anywhere for any reason because of the patriot act allows expansion of idea of borders
