Search and Siezure Flashcards
_______ occurs when there is some meaningful interference with an individual’s possessory interests in that property
Seizure
Any and all evidence, which is seized using illegal government practices, shall be excluded in court, it is tainted by the illegality
Exclusionary Rule
What is another name for Exclusionary Rule
“Fruit of the Poisonous Tree”
A _______ _______ is an official authority granted by a neutral magistrate [judge] to search a particular place for particular items or persons
Search Warrant
________ is the area outside the home where intimate activities of the family take place
Curtilage
Warrants that must be executed within 10 days
Stale Warrants
_______ _______ is assumption that a person may have authority to give consent for search
Apparent Authority
_______ occurs when an expectation of privacy that society is prepared to consider reasonable is infringed
Search
What are the legal requirements needed to obtain a search warrant
- Probable Cause
- Oath or Affirmation
- Reviewed and issued by a judge
What is needed to conduct a warrantless search of a vehicle
Probable Cause and one or more exigent circumstances
Who has the burden of proof in a suppression hearing
It depends on the circumstances (but usually whomever has requested the hearing)
When are strip searches authorized
In jail, by same-sex jail personnel
Who is authorized to remove items from a body cavity
Medical Personnel
An officer may not need a warrant in NM if he/she can articulate the existence of _________
Exigency
