Handouts Flashcards
a particularized and objective basis for suspecting the person of stopped of criminal activity.
Reasonable suspicion:
to share as existing where the known facts and circumstances are sufficient to warrant a man of reasonable prudence in the belief that contraband or evidence of a crime will be found.”
Probable cause
determines when to grant a warrant based on informant’s information
Totality of the Circumstances
look around the premises with reasonable suspicion, not even probable cause.
Protective sweep
the individual wants his case to be reviewed.
Writ of habeas corpus
the automobile exception to the warrant clause. If you have probable cause and it is a fleeting object, you may conduct a search. “the Fourth Amendment onward, the court held that automobiles and other conveyances may be searched without a warrant in circumstances that would justify the search without a warrant of a house or an office, provided that there is probable cause to believe that the car contains articles that the officers are entitled to seize.”
Caroll Doctrine
in general it can include any item that needs to be obtained quickly before it is no longer available. Evanescent evidence generally refers to physical, tangible objects as opposed to verbal testimony.
Evanescent evidence
once in a pursuit of a felon you may conduct a warrantless search and seizure.
Hot pursuit of a fleeing felon exception
Over the years, lower courts have developed an exception to the exigent circumstances rule, the so-called police-created exigency doctrine. Under this doctrine, the police may not rely on the need to prevent destruction of evidence when that exigency was created or manufactured by the conduct of the police. (e.g. U.S. v. Chambers)”
Exigency doctrine:
There is no expectation of privacy in the trash; what ever you expose to third parties on the trash is not protected.
Trash doctrine
areas outside the curtilage of a home (dwelling house and out buildings) are subject to police entry and search. They are held out to the public and unprotected by the Fourth Amendment.
open fields doctrine
if primary evidence is illegally obtained, all secondary evidence that was found as a result of primary evidence must be thrown out.
The Fruit of the Poisonous Tree Doctrine
if secondary evidence can be pulled out through as holly independent source, not related to primary or other secondary evidence, it may be used. In this case, the independent source is that they would have “inevitably found” the evidence.
Independent Source Doctrine
exception to a warrant requirement. If the person has reasonable suspicion, the person may be stopped and patted down.
A Terry Stop
is a judge-made doctrine that prohibits the introduction at a criminal trial of evidence obtained in violation of a defendant’s 4th, 5th and 6th Amendment rights.
Exclusionary Rule
