Midterm Review Flashcards
4th Am GR
Under the 4th Amendment, a person is protected from unreasonable searches and seizures of his persons, papers, house, and effects and no warrant shall be issued without a showing of probable cause, upon oath or affirmation, and particularly describing the place to be searched and the item to be seized
Search GR
A search is a governmental intrusion into a person’s constitutionally protected area to which they have a reasonable expectation of privacy
REOP GR
A REOP is when a person takes reasonable steps to keep something private and society accepts this expectation as reasonable.
How can a defendant challenge the validity of a warrant?
- If the application has a false statement
- If the officer knew it was false and recklessly disregarded it
- If the statement was material to the finding of probable cause
Terry Stop
Under Terry, police may make a warrantless stop of a person if they have reasonable suspicion of criminal activity supported by articulabe facts
Terry Frisk
Under Terry v. Ohio, police may conduct a frisk of a person if they have a reasonable suspicion that they are armed and presently dangerous
Knock and Annouce Rule
Generally, an officer exeucting a search warrant must knock and announce her authority and purpose and wait for admittance for a reasonable time or be refused admittance before using force to enter the place to be searched
Exception to the Knock and Announce Rule
No announcement is needed if police have a reasonable suspicion, based on facts, that knocking and announcing would be dangerous or futile or that it would inhibit the investigation
Exclusionary Rule
The exclusionary rule prohibits the introduction, at trial, of evidence obtained in violation of a person’s 4th amendment rights
What are the 3 exceptions to the exclusionary rule?
There will be no suppression of evidence in:
- evidence obtained in good faith by police relying upon a search warrant, statute, or appellate precedent that is later deemed invalid.
- evidence obtained in violation of the knock and announce rule
- evidence obtained by police relying on a court maintained or police maintained database.
Probable Cause
Police may conduct a warrantless search or seizure that is based on probable cause. Probable cause is evidence sufficient to cause a person of reasonable caution to believe that 1) an offense has been or is being committed and the person arrested committed that offense. 2. a specifically described item will be found in the place to be searched
SILA Vehicle Instance
An officer may conduct a search of one’s vehicle without a warrant so long as it is a search incident to a lawful arrest. Search incident to a lawful arrest permits the officer to search the interior of the vehicle, passenger compartment included if at the time of the search: (1) The arrestee is unsecured and still may gain access to the interior of the vehicle; or (2) The police reasonably believe that evidence of the offense for which the person was arrested may be found in the vehicle. The search is limited to those areas in which a weapon may be placed
SILA Person Instance
An officer may conduct a search of one’s person incident to the arrest and the scope of the search is limited to evidence or contraband of evidence.
Protective Sweep
Police do not need a warrant to conduct a protective sweep if they have reasonable suspicion that there is someone on the premises who poses a threat to their safety and the search is limited to a cursory inspection of where a person may hide.
6 Exceptions to the Warrant Requirement
SPACES
Search incident to a lawful arrest
Plain view
Automobile Exception
Consent
Exigent Circumstances
Special Needs
