Search and Seizure Flashcards
Under the _____ ___, evidence obtained in violation of a defendant’s Fourth Amendment rights (is/is not) admissible to establish the guilt of the defendant at trial.
Exclusionary Rule
Is not
The ___ ___ protects against ____searches and seizures by criminal law enforcement agents.
4th Am.
Unreasonable
To have a protected Fourth Amendment right, a person must have a ___ ____ ____ ____with respect to the place searched or the item seized.
R.E.O.P
(reasonable expectation of privacy)
For a search based on a search warrant to be constitutionally valid, the warrant must be based on ___ ____ and must describe with reasonable precision the ___ to be searched and the ____ to be seized.
Probable Cause
Place
Item(s)
True/False:
A search warrant authorizes the police to search persons found on the premises who are not named in the warrant.
FALSE
However (S).P.A.C.E.S may apply if the police have P.C.
True/False:
If a person is not named in the warrant and circumstances justifying an arrest of that person do not exist, the police may search her for the objects named in the search warrant only if they have probable cause to believe that the objects are in her possession.
TRUE
Mere presence at a place for which the police have a search warrant (does/does not) authorize a search of a person not named in the warrant.
DOES NOT
A warrant must be based on a showing of ____ ____.
Probable Cause
In submitting a request for a warrant, a police officer must also submit an ___ setting forth ____ ____ ___ so that the ___ can make a determination of probable cause independent of the officer’s conclusions.
Affidavit
Sufficient underlying circumstances
Magistrate
True/False:
An affidavit submitted to a magistrate to determine PC may be based on an informant’s statements
TRUE
What are the factors the magistrate will look to in determining if an informant’s statements are sufficient?
Reliability, credibility, and basis of knowledge
Can probable cause for the issuance of a search warrant be based on hearsay?
Yes, if the information comes from a reliable informant
Does a police officer need to submit the identity of the informant to the magistrate in order to secure a search warrant?
No
True/False:
Police can always enter into someone’s residence without a warrant if the purpose is to make a felony arrest
False
Absent an emergency (or exigent circumstance) police may not enter into a home to conduct a warrantless search (Payton v. NY)
True/False:
If police have reason to believe that someone is destroying evidence, they can enter into a home without a warrant.
True
Under the exigent circumstance doctrine, they may enter to prevent the destruction of evidence.
Evidence that is the fruit of an unlawful arrest may not be used against the defendant at trial because of the ___ ____
Exclusionary Rule
To be constitutionally valid, searches must be ____
Reasonable
By giving ____, a police officer may search your home without a warrant
Consent
___ must be given by one who appears to have an apparent ____ to use or occupy the premises and the search cannot go beyond the ____ of the consent given.
Consent
Right
Scope
Consent is valid as long as the police ____ believed that the person who gave the consent had the ____ to do so, and the scope of the consent is limited only to areas to which a ____ person under the circumstances would believe it extends.
Reasonably
Authority
Reasonable
After a ___ arrest, the police may make a warrantless search of a defendant’s ___ _____ as part of an established procedure incident to incarceration.
Valid
Personal Effects
(personal property/things)
A warrantless search by police is valid if they have ____
Consent
Can an owner of a home give the police consent to search the locked contents belonging to another person in the home (like their son or daughter?)
No.
Ownership of the house does not confer the right to use or gain access to items kept in a lockbbox/trunk/safe. because it shows that the “owner” of the home did not have right of use or access to it.
What are the 6 exception to the warrant requirement?
S.P.A.C.E.S
Search Incident to a lawful arrest (need PC)
Plain View
Automobile Exception
Consent
Exigent Circumstances
Special Instances