Search Flashcards
1
Q
What is a search?
A
An examination by an agent of the state which constitutes an intrusion upon an individuals reasonable privacy interest
2
Q
Expectation of Privacy (Edwards test). Two parts
A
Is there a reasonable expectation of privacy?
Was the search itself carried out in a reasonable fashion?
3
Q
Three main purposes of search incidental to arrest?
A
Police and public safety
Protect evidence from destruction
4
Q
What are some legal requirements of the plain view doctrine s 489 CC
A
Are you in a lawful position to see it
Discovered inadvertently
Immediately identifiable as evidence
5
Q
Necessary actions by the writer in preparation of legal application?
A
Reasonable time expectation
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