Monday, sept 16 Flashcards

1
Q

what are the four different types of police encounters (4)

A
  • voluntary
  • public safety stop: looking at things that could harm you (missing tire on the road) (seizure but no investigatory aspects; aka no license and reg, but can become one, if prob cause)
  • investigatory detentions: (if you were involved in a crash, going to a house to investigate a noise compl) (not usually free to go, but not in custody)
  • Arrest: warrant, can follow the i.d.^
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2
Q

What are the parameters that allows them to search (fourth amendment)

A
  • reasonable search: need info to conclude illegal act. might be occurring
  • warrant: docu that states where and why plus it is
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3
Q

What locations constitute as private (2.5)

A
  • your home
  • your body (including in pockets) to find probable cause- they conduct pat down for things that can harm the officer, but not a drug bag for ex

less but still:
- your car

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4
Q

What is not private? (situations that do not require search warrant) (6)

A
  • garbage: if it’s on the road, not while on ur property
  • area within your reach if you are arrested in your home
  • when u give ur consent
  • Plain view: if it is seen by an officer in a location they are allowed to be (cant move stuff around)
  • Dog sniff searches:
    (not considered a search)
    when dog alerts = prob cause
  • Public safety
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5
Q

Motion to supress

A

Something a defendant can file:
When you give ur consent to search, if the defendent feels that they were pressured or threatened into giving consent

basically, throws out use of evidence

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6
Q

What is the best way to search?

A

With a warrant
- from an unbiased (neutral mandestrate) judge
- signed after davit by officer (can include hearsay): lists the p.c.
- probable cause
- specific location
- specific time and date for when they can begin search (there’s a time limit)
- there’s a limit to how they can search

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7
Q

What is probable cause?

A

facts that lead a reasonable person to believe a criminal act has been committed

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8
Q

What is included in a warrant?

A
  • signed after davit by officer (can include hearsay): lists the p.c.
  • probable cause
  • specific location
  • specific time and date for when they can begin search (there’s a time limit)
  • there’s a limit to how they can search, depending on what they are looking for
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9
Q

What are the steps after something is seized?

A

Prepare a “return” to prove they executed the warrant (goes to prosecutor and judge)

  • describe if they weren’t cooperative: charged w interfering
  • for ex w a car, they will seize then ask for the warrant), then they can search
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10
Q

Franks hearing

A

info that is believed to be incorrect, misleading, or left out ->

call for hearing to determine if there is still p.c. after revision

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11
Q

Challange a search warrant

A

“four corners” rule
can’t add info later

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12
Q

If evidence is seized incorrectly, can the analysis that follows still be used?

A

no

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13
Q

Can a stop be prolonged to call a

A
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