Search and Seizure Flashcards

1
Q

The 4th Amendment does not apply to the following: (NOADAPT)

A
  • OPEN VIEW
  • Person has no reasonable expectation of privacy (NO STANDING)
  • TRASH searches outside the curtilage
  • DETENTION facilities
  • ABANDONED property
  • Search by a PRIVATE CITIZEN not acting as an agent of the government
  • Searches at AIRPORTS in secured areas for weapons
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2
Q

Search Warrant exceptions: (SPICEV)

A
  • Search of a person incident to a lawful arrest
  • Inventory
  • Consent
  • Plain view
  • Exigent circumstances to include hot pursuit
  • Vehicle search warrant exceptions
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3
Q

What are the 3 reasons we enter a structure for exigent circumstances?

A

1) prevent the destruction of evidence of a serious felony offense
2) effect a warrantless arrest of a violent or dangerous suspect who officers have PC to believe committed a serious felony or violent offense and may escape if not immediately apprehended
3) preserve life or render aid

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