text 2- 1/29-2/12 Flashcards

1
Q

4th Amendment

A

Forbids unreasonable search and seizure

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2
Q

basic limitations of searches

A
  1. scope must be narrow
  2. general searches are unconstitutional
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3
Q

fruit of the poisonous tree doctorit

A

establishes that evidence obtained as a result of an earlier illegal means must be excluded from trial

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4
Q

probable cause

A

requires a higher standard than reasonable suspicion but less than the proof of unreasonable doubt

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5
Q

examples of probable cause

A

flight-car or foot, resistance, unreasonable explanations, furtive- suspicious movement, evasive answers, criminal record, information from citizens

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6
Q

when in doubt

A

get a warrent

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7
Q

search w/ consent

A

search is okay based on voluntary consent, but can be withdrawn at anytime, also limited to the area for which it is granted

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8
Q

is a gesture consent?

A

yes it is

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9
Q

consent with nonowners

A

if someone lives at a place but does not own it, then they can give or hold consent

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10
Q

driver consent

A

only the driver can withhold consent, that or the owner of the car

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11
Q

warrants must be what to be valid

A

signed by a judge

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12
Q

technology

A

all devices need their very own warrants

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13
Q

gps

A

needs a warrant and lasts 30-90 days, but can get an extention

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14
Q

consent on hearing

A

if the suspect or person involves/come to you, a warrant is not needed

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15
Q

arrest

A

taking someone into custody who you believe committed a crime based on probable cause

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16
Q

how long can you hold someone after being arrested ?

A

72 hours to get an arrest warrant

17
Q
A