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
2
Q
grounds for stnading
A
- own premises searched
- live on premises searched (think apt., roommate or child)
- overnight guests
NOTE must have reaosnable expectation of privacy place searched. Can’t stash drugs in 3P places and expect privacy
3
Q
no standing to searchces category
A
- sound of voice
- style of handwriting
- paint on outside of car
- account records held at bank.
- omintoring the locaiton of your car on a public street
- anyting that can be seen across open fields
- anything that can be seen flying over public air space
- odors from luggage or car
- garbage on curb
4
Q
warrant searches
A
requirements.
- PC - a fair probability that contraband or evidenc eof crime iwll be found in area searched.
- 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
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
6
Q
searching home
A
only police can do it
only 3Ps can come if to help identify property