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What are the constitutional principles of search warrants?
reasonableness, probable cause, oath or affirmation, particularity
modern court decisions demonstrate a preference for written warrants signed by detached magistrate
What is the purpose of a warrant?
To assure that any government intrusion is justified by a careful prior determination of propbable cause and necessity
There needs to be reasonable doubt to obtain a search warrant. (T/F)
False; probable cause.
Name the constitutional considerations of identification procedures
- 6th amendment- right to counsel
- 14th amendment- due process, prohibits unnecessary suggestiveness
- state action
- exclusionary rule
What is the main due process concern of identification procedures?
Id procedure must not be "impermissibly suggestive so as to give rise to a substantial likelyhood of irreparable misidentification"
All identification procedures are somewhat subjective. (T/F)
What are the factors that affect the suggestiveness of identification procedures?
freshness of memory, isolating the suspects, joint viewing by witnesses, police communication (verbal, physical gesture, body language, confimation of selection)
Who is the burden on to show by "preponderance of evidence" that the procedure was unnecessarily suggestive?
Factors for independent source of ID
certainty, opportunity, accuracy of witness description, suggestive influence, time, prior unsuccessful id procedures
The suspect does not have the right to counsel for a line-up (t/f)
False, the suspect has the right to counsel for lineups, one on ones, field veiw and show up identifications.
What is bennificial of a sequential array of photos?
less likely to compare photos, as there is one array for each suspect