Search & Seizure Flashcards
How do you determine whether or not a person is “in custody” for Miranda Warning purposes?
A person is “in custody” for Miranda purposes when, under the totality of the circumstances, a reasonable person in the suspect’s position would believe that they are not free to leave.
What are four sources of information that can help provide probable cause?
Direct observation, information from a trustworthy informant, evidence, and a mix of these four sources of information.
The 4th Amendment contains two critical legal concepts, what are they?
The 4th Amendment protects individuals (and their effects, such as their homes and papers) from unreasonable searches and seizures by the government.
What is the Exclusionary Rule?
a legal principle that prevents evidence obtained illegally from being used in a criminal trial.
What are the eight exceptions to the search warrant requirement?
Consent searches, exigent circumstances, plain view, search incident to arrest, automobile exception (“Carroll Doctrine”), special needs, border searches, and Terry stops.
What is the “Carrol Doctrine”?
a warrant exception that gives officers permission to search the vehicle if the vehicle gives probable cause for the vehicle given that the vehicle is mobile on a public roadway, including a well-trained K9 for/to evidence.
What is the plain view doctrine?
During a lawful presence, the plain view doctrine allows police seize evidence that is instantly apparent and in plain sight.
What was the ruling in Terry v. Ohio.
established that police officers can stop and frisk individuals on the street if they have reasonable suspicion that the person is armed and dangerous, even without probable cause for arrest.
What are the Miranda Warnings?
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand these rights?”
What are two examples of when a search (car or home) can be made without a warrant?
if consent is given by the individual or if there are exigent circumstances, such as when evidence is in danger of being destroyed or removed.
