Term
| Briefly describe the exclusionary rule |
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Definition
| Evidence seized in violation of the Fourth Amendment result in the exclusion of that evidence at trial |
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Term
| What case applied the exclusionary rule to the states? |
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Definition
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Term
| What is the purpose of the exclusionary rule? |
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Definition
| To deter overzealous law enforcement and put teeth in constitutional rights |
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Term
| What is the high price society might pay if the exclusionary rule is used in a case? |
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Definition
| A dangerous criminal might go free |
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Term
| What are the exceptions to the exclusionary rule? |
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Definition
| Good faith, inevitable discovery, and independent sources |
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Term
| What was the holding in Rakas and why? |
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Definition
| Passengers in a vehicle have no property or possessory interest in a vehicle, so any evidence found against them in a vehicle is allowed at trial |
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Term
| Does an overnight guest have standing to contest the search of a house? Why or why not? |
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Definition
| Yes, because the guest has a reasonable expectation of privacy |
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Term
| Terry v Ohio developed an exception to what requirement? |
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Definition
| Probable cause needed to stop a person |
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Term
| In order for an officer to perform a Terry stop, he needs... |
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Definition
| Reasonable suspicion; articulable facts that form that would lead a reasonable person to suspect a crime is or will be committed |
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Term
| What is the test used to determine is a Terry stop is appropriate? |
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Definition
| One must weigh the governmental interests of crime detection versus a person's civil liberties |
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Term
| Is it always unreasonable for a policeman to seize a person and subject him to a limited search for weapons without probable cause? |
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Definition
| No, as in the cases of Terry stops |
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Term
| A Terry stop consists of a ____ and _____ and must be _______ in both time and scope |
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Definition
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Term
| Is running away enough to establish reasonable suspicion? |
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Definition
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Term
| Can a Terry stop be made based an a tip or must the officer observe the behavior himself? |
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Definition
| It can be made based on a tip |
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Term
| How does the Court determine if a Terry stop was short enough to be considered limited? Is there a bright line duration, such as no more than 20 minutes? Why or why not? |
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Definition
| They look at if police diligently pursued a means that would confirm or deny their suspicions quickly; No, because different circumstances produce different standards of limited |
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Term
| Why are checkpoints ok? Can a checkpoint be established to search for drug trafficking? |
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Definition
| Checkpoints intrusions are limited, serve governmental crime detection interests, and are effective; No, because it does not promote road safety (as in cases of DUI checkpoints) and cannot be made for purposes of general crime control |
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