unreasonable search/seizures Flashcards
1
Q
3 things needed for a warrent
A
- particularity (particularly describing the place to be searched, the persons or things to be seized)
- reasonable execution
- probable cause
2
Q
DC v. Wesby (2018)
Cant all the conduct be explained away innocently?
Key Question to ask for probable cause
A
whether a reasonable officer could conclude – considering all of the surrounding circumstances, including the plausibility of the explanation itself – that there was a substantial chance of criminal activity