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Definition
consent standard: state has burden to demonstrate consent was voluntary. voluntariness is a question of fact.
(while knowledge of right to refuse is a factor to be taken into account, pros not required to show such knowledge as a prerequisite). |
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Term
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Definition
third party consent/apparent authority: although former cotenant did not have authority over D's premises and could not consent, **warrantless entry is valid when based on consent of third party who police reasonably believe had common authority over premises.
(possibly could be because of good faith too). |
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Term
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Definition
| absent non-consenting tenant: consent to search by cotenant who has common authority is valid against non-consenting cotenant. |
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Term
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Definition
| present non-consenting tenant: warrantless search based on consent of cotenant with common authority was unreasonable as to defendant who was physically present and expressly refused to consent. |
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Term
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Definition
| scope of consent: suspect's right to be free from unreasonable searches was not violated when, after giving permission to search car, officer opened closed container found within car. |
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Term
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Definition
| scope of border searches: detention while awaiting passage of suspected drug investigation |
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Term
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Definition
| scope of border searches: detention for removal and inspection of gas tank. |
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Term
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Definition
fixed border checkpoint: allowed even though no individualized suspicion.
(same criteria would not sustain roving patrol stop) |
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Term
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Definition
| officer who observed conduct by D which was suspicious of someone planning robbery, officer approached and identified, asked names...when nothing appeared to dispel his reasonable belief of their intent, reasonably seized D in order to search him for weapons. did not exceed scope of search in patting down outer clothing without placing hands in pockets or under outer surface of clothes until he felt weapons and then merely reached for and removed guns. |
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Term
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Definition
| RS running from police: D's unprovoked flight from officers in area of heavy drug trafficking supported reasonable suspicion that D was involved in criminal activity and justified stop. |
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Term
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Definition
| RS for mechanical mannerisms: takes into account suspicious behavior (here, children in van waving in a methodical, mechanical, abnormal way). |
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Term
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Definition
| scope of Terry-identification: (1) arrest of terry stop suspect for refusal to identify himself did not violate 4A. (2) D's conviction for refusal to identify himself did not violate 5A right against self-incrimination. |
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Term
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Definition
scope of terry-plain feel: police may seize nonthreatening contraband detected through the sense of touch during protective patdown so long as the search stays with the bounds marked by Terry
(here, search of D's jacket exceeded bounds when officer determined that lump was contraband only after squeezing, sliding, and otherwise manipulating the contents of the D's pocket, which officer already knew contained no weapons). |
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