Term
Open Fields Doctrine
[Hester v. US] |
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Definition
| Permits police officers to enter & search a field without a warrant |
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Term
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Definition
| Trial by jury is applicable to the states through the 14th Amendment |
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Term
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Definition
(1) Was the informant credible-was it likely he or she was telling the truth
(2) Was the informant reliable-was it likely he or she had knowledge |
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Term
Totality of the Circumstances
[Illinois v. Gates] |
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Definition
| Whether the events leading up to the arrest, viewed from the standpoint of an objectively reasonable police officer, amount to probable cause. |
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Term
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Definition
| An inspection conducted in order to obtain evidence to be utilized for the prosecution of a crime. |
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Term
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Definition
| Requirement that a police officer must first knock and announce his intention before he enters an individual's home in the execution of a valid warrant. |
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Term
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Definition
| A rule precluding the introduction at trial of evidence unlawfully obtained in violation of the federal constitutional safeguards against unreasonable searches and seizures. |
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Term
| Inevitable Discovery Doctrine |
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Definition
| If it can be shown that discovery of evidence by lawful means was inevitable, the unlawfully obtained evidence can be used in a criminal case as an exception to the exclusionary rule. |
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Term
| 4 Issues to Consider with Regard to Warrants |
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Definition
(1) What must be included in the application for a warrant?
(2) What form must the warrant take in order to be valid?
(3) What are the requirements police must follow in executing the warrant?
(4) When is a warrant required? |
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Term
| Information to be Included in the Application for a Warrant |
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Definition
Evidence of a crime
Based on Probable Cause
Time Period for its execution
Must be issued by a neutral & detached magistrate |
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Term
| Exceptions to the Warrant Requirement |
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Definition
Exigent Circumstances
Plain View
Automobile Searches
Searches Incident to Arrest
Inventory Searches
Protective Sweeps
Searches w/ Consent
Special Needs
Searches of those on Probation or Parole |
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Term
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Definition
| Reasonable reliance upon an otherwise invalid search warrant does not render evidence obtained during the search inadmissible |
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