Evidentiary Search and Seizure Flashcards

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1
Q

Is conduct of publicly paid police government conduct?

A

Yes.

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2
Q

Is conduct of a private individual acting at the direction of the public police government conduct?

A

Yes.

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3
Q

Is conduct of privately paid police governmental conduct?

A

Not unless the police are deputized with the power to arrest you.

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4
Q

Is a store security guard privately paid police?

A

Yes.

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5
Q

What must you have to object to a governmental search?

A

Standing to object to the search

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6
Q

What must you have to have standing?

A

Reasonable expectation of privacy

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7
Q

Do you have standing if you own the premises searched?

A

Yes.

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8
Q

Do you have standing if you live on the premises searched?

A

Yes.

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9
Q

Do you have standing if you are an overnight guest?

A

Yes.

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10
Q

Do you have standing if you own the property seized?

A

Only if you have a reasonable expectation of privacy in the item or area searched.

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11
Q

Do you have standing for anything that you hold out to the public every day?

A

No.

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12
Q

Do you have a right of privacy in the sound of your voice?

A

No.

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13
Q

Do you have a right of privacy in the style of your handwriting?

A

No.

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14
Q

Do you have a right of privacy in the paint on the outside of your car?

A

No.

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15
Q

Do you have a right of privacy in account records held by a bank?

A

No.

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16
Q

Do you have a right of privacy in the location of your car on a public street or in your driveway?

A

No.

17
Q

Does the installation of a GPS device on a car constitute a search?

A

Yes.

18
Q

Do you have a right of privacy in anything that can be seen across open fields?

A

No.

19
Q

Do you have a right of privacy in anything that can be seen from flying over the public air space?

A

No.

20
Q

Do you have a right of privacy in odors emanating from your luggage or car?

A

No.

21
Q

Do you have a right of privacy in garbage set out on the curb for collection?

A

No.

22
Q

What are the two core requirements for a facially valid search warrant?

A

Probable cause and particularity.

23
Q

Probable cause

A

fair probability

24
Q

Particularity

A

the warrant states with particularity the place to be searched and the things to be seized

25
Q

Can a warrant predict when illegal items may be in a suspect’s home/office?

A

Yes.

26
Q

Standard of affidavits or probable cause based on informant information

A

totality of the circumstances

27
Q

Are credibility and basis of knowledge relevant in making the totality of the circumstances determination?

A

Yes.

28
Q

Can a valid warrant be based in part on an informant’s tip even though the informant is anynymous?

A

Yes.

29
Q

Who can execute a search warrant?

A

Only the police