Evidentiary searcha dn search Flashcards

1
Q

reasonable expectation o fprivacy

A

need standing to object to search. standing based on reasonable expectation of privacy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

grounds for stnading

A
  1. own premises searched
  2. live on premises searched (think apt., roommate or child)
  3. overnight guests

NOTE must have reaosnable expectation of privacy place searched. Can’t stash drugs in 3P places and expect privacy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

no standing to searchces category

A
  1. sound of voice
  2. style of handwriting
  3. paint on outside of car
  4. account records held at bank.
  5. omintoring the locaiton of your car on a public street
  6. anyting that can be seen across open fields
  7. anything that can be seen flying over public air space
  8. odors from luggage or car
  9. garbage on curb
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

warrant searches

A

requirements.

  1. PC - a fair probability that contraband or evidenc eof crime iwll be found in area searched.
  2. paricularity - the warrant must state with particularlity the place to be searched and things to be seized

warrant can predict when items will be on property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

PC and informants

A

if using informants, PC is based on totality of circumstnaces.

informants credibility and basis of konwledge are relevant factors

informants can be anonymous

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

searching home

A

only police can do it

only 3Ps can come if to help identify property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly