Shared Flashcard Set

Details

Criminal Procedure
Criminal Prosecution
5
Law
Professional
02/21/2011

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Cards

Term
Unprotected items of 4th amendment: "Patty Achieve A Glorious Victory Over Her Oppenents"
Definition

1. P- Paint scrapings from car

2. A- Accounts or records from bank

3. A- Air space public over house

4. G- Garbage on curb

5. V- Voice

6. O- Odors from car or luggage

7. H- Handwriting

8. Open fields

Term
Probable Cause
Definition
Requires proof of a "fair probability" that contraband or other evidece of a crime will be found in the area searched
Term
Defective Warrants: If Police relied on in "good faith" its good. 4 Categorical Exceptions
Definition

1. Affidavit for warrant seriously lacking PC

2. Warrant facially deficient

3. Affidavit for warrant is known to contain reckless falsehoods

4. Magistrate who issued is biased in favor of prosecution

Term
8 Exceptions to Warrant Requirement: ESCAPIST
Definition

1. Exigent Circumstances

2. Search incident to arrest

3. Consent

4. Automobile

5. Plain View

6. Inventory

7. Special needs

8. Terry "stop and frisk"

Term
3 Exception to Fruit of a Poisonous Tree
Definition

1. Independent Source Doctrine

2. Inevitable discovery

3. Attenuation doctrine

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