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2012-06-23 00:30:52
Crim Pro

Crim Pro
Show Answers:

  1. What is the checklist for Seach and Siezure questions
    Was the seach governed by the fourth amendment?

    Whas the search or seizure conducted with a warrant to satisfy the the the fourth amendment? 

    Was the  search and seizure conducted without a warrant in a way that satisfies the fourth amendment 

    The extent to which evidence obtained through a  search and seizure that violates the fourth amendment is admissible in court nonetheless 
  2. What four questions if answered yes result in an  search and seizure coming under the fourth amendment?
    Was the search and seizure executed by a government agent?

    Did the search and seizure invade an area protected by the fourth amendment

    Did a government agent either physically intrude on a protected area to obtain information or violate an individual's reasonable expectation of privacy in a protected area or item?

    Did the individual subjected to the search or seizure have standing to challenge the government agent's conduct?

  3. What are the two categories of government agents that are most important for the bar?
    Publically paid police on or off duty

    Private secutiryt if they are acting at the direction of the police 
  4. The fourth amendment expressly protects individuals from unreasonable search and seizure of there:
    • Persons 
    • Houses
    • Papers
    • Effects

    The protection of houses includes the curtlage 
  5. What is the curtilage:
    The area immeidately surrounding the house used for domestic use
  6. What are the common unprotected items?

    Patty Acheieved a Glorious Victory Over Her Opponents 
    Pant scrapings 

    Account Records

    Air Space, and any thing seen below





    Open fields

  7. What are the two ways that an search and seizure can inplicated the fourth amendment
    The agent physically intrudes on a consittuionally protected area in order ot obtain evidence or 

    The agent's search and seizure violates an individuals reasonable expectation of privacy  
  8. When does a person have standing to challenge an search and seizure?
    When an individuals personal privacy reighats are invaded, not those of a thrid party 
  9. What type of palce where a person is staying is not protected?
    If the location is used only for business purposes 
  10. Is a search warrant appropriate?

    4 elements  
    Was the warrant inssue by a neutral and detached magistrate? 

    Is the warrant supported by probable cause and particularity?

    If not did the police officers rely on a defective warrant in good faith?

    Was the warrant property executed by policte? 
  11. What factors are used to determine if a magistrate was neutral and detached
    Not neutral an detached if conduct demonstrates bias in favor of the prosecution
  12. When is a warrant supported by probably cause and particularity?  
    • Only a fair probability required
    • Hearsay admissible
    • If relying on a tipster the police must corroborate enouch of the infomation to allow the magistrate to make a common sene determination that probable cause exists based ona totality of the circumstances. 
  13. What makes a warrant particular? 
    Warrant must specify:

    • The place to be searched and
    • the items to be siezed  
  14. If a warrant does not meet the constituional requirements how might the information salvaged still be used ?
    If the officer had a good faith reliance on the warrant will overcome problems with probable cause and particularity 
  15. What are the four exceptions to the good faith exception?
    The problems with the warrant were so egregiously lacing in details that no reasonable officer would have relied on it

    So lacking in particulairyt that no officer could hare reasonably presumed it was valid 

    The affidavit relied upon by the magistrate contains knowing or reckless falsehood that are necessary to the probable cause finding    

    The magistrate who issued the warrant is biased in favor of the prosecution 
  16. If the warrant was valid or saved by the officer's good faith, what two condierations are imporatnt into whether the warrant was properly executed by police? 
    Whether the officers complied with the temrs and limitations of the warrant

    Whther the officers executing the warrant complied with the knock and annouce rule  
  17. Compliance with a search warrant
    Officers are allowed to search only those areas and items authorize by the language of the warrant
  18. Knock and annouce rule not required when:
    Officer reasonably believes it would be feudal to do so, dangerous to do so, or would inhibit the investigation 
  19. 8 main exceptions to the warrant needing a search and seizure warrant

    • Exigent Circumstances 
    • Search incident to an arrest
    • Consent
    • Automobile
    • Plain View
    • Inventory
    • Special Needs
    • Terry Stop and Frisk  
  20. Exigent Circumstances: Three Types 
    Evidence would disapate or disappear in the time it would take to get a warrant

    Hot pursuit allows police to enter a thrid party to enter home of felon or 3rd party. Officer may size any evidence in plain view

    When police objectively believe that ia person is in need of emergency aid to address or prevent injury.  
  21. Search indicent to arrest:
    Arrest must be lawful and there must be a need to preserve officer safety. The timing must be contemporaneous in time and place to the arrest and the officer may search the wingspan and any containers within the arrestee's immediate control without regard to the offense for which the arrest was made.
  22. Automobile searched incident to a custodial arrest:
    Automobile including closed containers but not the trunk. Once the officer has secured an arrestee, the officer can search the arrestee's vehicle only if she has reason to belive the vehicle may contain evidence relating to the crime for hwich the arrest was made. 
  23. Consent:
    Consent must be voluntary and intelligent to satisfy this santard policie officers do not need to tell someone that she has the right to refuse consent. The scope extends to all areas that the a reasonable officer would believe he had recieved permission to search.
  24. Under consent searches can an officer rightly search a premises if the person who gave him consent is someone who did not have the actual authroity to give permission/
    Yes, if the officer reasonably believed that the consenting party had actual authority
  25. Automobile exeception:


    Standard :

    Where can the officer search: 
    Justification: the ready mobility and the individuals' lessor expectation of privacy in vehicles  

    Standard: Police officers need probable cause to believe that contraband or evidence of a crime will be found in the vehicle

    Police may search the entire vehicle and they may open any package, luggage or other container whic may reasonably contain the items for which there was probable cause to search 
  26. Plain View
    Law full access to the place from which the item can be plainly seen

    Lawful access to the item iteself

    the criminality of the item must be immediately apparent 
  27. Inventory Searches 
    Valid if the regulations governing them are uniform and stated, the search itself conforms to those regulations, and the search is conducted in good faith
  28. random drug tresting:
    Supreme court has approved warrantless random drug tests including: 

    Railroad employees following an impact accident

    Customs agents responsbile for drug interdiction and

    Any student who participates in any extracurricular activities.  
  29. Terry