Section 2 Flashcards
4th amendment
to legally search for evidence of guilt, you must have a search warrant
forbids unreasonable searches/seizures
basic limitation of searches
- scope must be narrow/specific
- general searches are unconstitutional
whats needed for a search warrant
probable cause
probable cause
higher standard than reasonable suspicion
less than proof beyond reasonable doubt
searches with consent
okay based on voluntary consent
search without warrant is allowed if consent is given with the authority
consent must be voluntary and limited to the area for which it is granted
who signs the warrents
judges
who writes the warrents
officers
probable cause may include
flight
furtive movement
resistance to officers
evasive answers
unreasonable explanation
criminal record
information from citizens
what must a warrant have
factual reasoning with specific and descriptive location of what and where
time for a search warrent
any reasonable amount of time
cannot leave and come back
who can consent to a search warrant
home owner, except to rented areas
driver, unless owner is passenger
parents with access to childs room and vice versa
anyone with legal authority to do so
search warrants for electronics.
separate for each device
GPS
need warrant to attach to vehicle
can get extended
consent to hearing
no warrant needed
person involves police
cannot ask without mirandizing
arrest
detain someone who you believe of committed a crime into custody
not free to leave
arrest warrant
needed for misdemeanor and felony 72 hrs after arrest
search incident to an arrest
officer has right to search when arresting without a warrant
anything on person for drugs/weapons/etc
search around arrested individual
within the room arrest occurred in and rooms until outside following the direct path
protective sweep
sweep/search to protect everyone in the are
car searches
need warrant as the individual is already in custody of an arrest
probably cause during search on scene
legally have access to anything within view or on person
warrant needed if car is moved or you have left the scene
inventory search
has to be impounded by agency
organizational policy to handle impounds
routine, same way for each arrest
right to inventory on a car if
protect owners property
protect police from disputes/claims of stolen/damaged property
protect police/public from danger
determine owners identity
plain view
anywhere officers have a right to be, they have a right to see through the use of unaided senses
trash/garbage searches
containers left on public property can be searched without a warrant by police
police cannot trespass to gain access to trash location
officers need to know if the trash is w/in cartilage of persons property
cartilage
property line
search in emergency situation
police officers believe there is a probable cause but have no time to secure a warrant
must be done immediately
emergency circumstances
reason to believe real emergency exists which requires immediate action to protect/preserve life or prevent injury
not be motivated primarily to find evidence
