text 2- 1/29-2/12 Flashcards
4th Amendment
Forbids unreasonable search and seizure
basic limitations of searches
- scope must be narrow
- general searches are unconstitutional
fruit of the poisonous tree doctorit
establishes that evidence obtained as a result of an earlier illegal means must be excluded from trial
probable cause
requires a higher standard than reasonable suspicion but less than the proof of unreasonable doubt
examples of probable cause
flight-car or foot, resistance, unreasonable explanations, furtive- suspicious movement, evasive answers, criminal record, information from citizens
when in doubt
get a warrent
search w/ consent
search is okay based on voluntary consent, but can be withdrawn at anytime, also limited to the area for which it is granted
is a gesture consent?
yes it is
consent with nonowners
if someone lives at a place but does not own it, then they can give or hold consent
driver consent
only the driver can withhold consent, that or the owner of the car
warrants must be what to be valid
signed by a judge
technology
all devices need their very own warrants
gps
needs a warrant and lasts 30-90 days, but can get an extention
consent on hearing
if the suspect or person involves/come to you, a warrant is not needed
arrest
taking someone into custody who you believe committed a crime based on probable cause