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4th search and seizure-equal protection
evidence obtained by unreasonable search inadmissable in state court as well
(must apply these fund rights to states too--up to them to maintain liberty)
police searched home claiming they had a warrant |
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4th search and seizure-exclus rule
Weeks made evidence obtained by unreasonable search inadmissable in fed court but not state
(black concurring but many dissenting bc is dead letter if no police sanction) |
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challenging convictions from unconst seizures of persons
ok to forcibly take suspect from one state to another for crim charges
(convicted claimed protection by Fed Kidnapping Act) |
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4th amend-prob cause
non-technical approach to determine prob cause-reasonable man standard
(douglas dissenting says law should protect citizen more) |
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4th-prob cause
used 2-prong test: veracity/reliability of witness & basis of knowledge
(FBI tried using tot of circum and anguilar--informant case) |
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4th amend-prob cause
tot of circum is new standard for prob cause
(anon hand-written letter didnt pass 2 prongs) |
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4th-prob cause
applied tot of circumstances standard
(Ma law misunderstood gates-prob cause is more fluid less techical) |
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| Shadwick v. City of Tampa |
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Definition
neutral and detached warrant component
city clerks determined to fall under neutral and detached |
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oath or affirmation warrant component
def can question officers varacity but not sure when
(must point out specific facts and supporting reasons) |
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partic of place to be searched
warrant invalid bc didn't describe all tapes untill after |
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