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Term
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Definition
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Term
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Definition
All evidence obtained in violation of the 4th, 5th, and 6th amendment is excluded from being admitted at trial.
FRUIT OF THE POISONOUS TREE
unless
Inevitable discovery, Intervening act of free will be D, Independent Source |
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| Exceptions to Fruit Doctrine |
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Definition
| FRuit from statements obtained in violation of Miranda, Independent source confirming, intervening act of free will, inevitable discovery, violation of knock and announce rule, in court ID, When police acting in good faith pursuant to a valid arrest/ search warrant with a clerical error. |
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Term
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Definition
Seizure- rzbl person believes not free to leave or terminate and encounter with goverment
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Term
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Definition
Must knock and announce purpose, wait rzbl amount of time, absent exigent circumstances.
Excecuted upon probable cause and without unreasonable delay.
Probable Cause- trustworthy facts or knowledge sufficient for a reasonable person to believe a crime has been committed |
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Term
| 6 Exceptions to Warrant Requirement |
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Definition
Pursuant to a lawful arrest- must be standard routine- no new routines.
Plain view- must be lawfully present, illegality or evidentiary nature is immediately apparent
Stop and Frisk- upon reasonable suspicion and reasonably believe danger present, top of clothing only until illegality apparent
Automobile- arrestee is unsecured and still has access to interior, police reasonably believe evidence of a crime stopped for found in car- search anywhere including container where evidence might be found
Hot Pursuit- no time to get warrant
Consent- voluntary and intelligent, if co-possessor objects, no go.
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