Arrest/search/seizure Flashcards
Probable Cause
Facts or apparent facts that are reliable and generate a reasonable belief that a crime has been committed.
Fourth Amendment.
The right of people to be secure, prohibiting unreasonable searches and seizures. No warrants shall issue, but upon probable cause.
Search and Seizure
Means for the detection and accusation of crime. Search for taking of persons and property as evidence of crime.
Warrantless searches
Exception to 4th amendment. Including: a search incident to a lawful arrest, stop-and-frisk procedure, probable cause and inventory searches of automobiles, fresh pursuit, consent searches.
Carroll Doctrine
Vehicle may upon probable cause be searched without a warrant. May search entire car including containers and packages.
Spot Checks
Random stopping of cars for checking DL and registration. Form of proactive police patrol.
Fresh Pursuit (hot)
Chasing an escaping criminal or suspect. Warrantless arrest and search is allowed. Chasing into a house and searching that house.
Consent Searches
Neither probable cause nor search warrant required. Burden of proving consent is responsibility of prosecution.
Private Searches
4th amen. Protects individual against searches by governmental agents not against such actions carried out by private individuals not with law enforcement.
Border Searches
Border Patrol officers need not have probable cause or warrant before stopping cars for brief questioning at checkpoints.
Plain View Doctrine
Anything seen in plain view when officer has a right to be there is not a product of a search and is therefore admissible as evidence.
Exclusionary Rule
Prohibiting the use of evidence seized by federal agents in violation of the fourth amendment protection against unreasonable search and seizures.
Automobile searches
Due to mobility warrantless searches of vehicles can be justified.
