Exam 1 Review

Exam 1 Review - Exam 1 Review 4th Amendment (Language)...

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4 th Amendment (Language) – Searches/Seizure & Warrant(less) (12) - 4th amend = shall be secure against unreasonable searches and seizures; warrant - Searches are unreasonable if they interfere with a person’s expectation of privacy People have privacy in their homes. Police must either: 1. get permission to search a home 2. be in hot pursuit of someone 3. obtain a warrant - Requirements for a Obtaining a Warrant: Probable Cause Oath / Affirmation Particularity - Exceptions to the 4 th Amendment Consent Automobile exception – Carroll v. Illinois: Probable Cause Exigent circumstances – Case by Case – Probable Cause When officer believes waiting for warrant will create the risk of injury or death or result in destruction of evidence. Stop and frisk – Reasonable Suspicion - Right to privacy is not in constitution – Came from 4 th Amendment - Terry Stop = Citizen stopped must provide his/her name to law enforcement or he/she faces criminal penalties BOP/SOP – BRD, P/C, R/S (8) - (1) Beyond Reasonable Doubt = Criminal Court - (2) Clear & Convincing evidence - (3) Preponderance = Civil Court - (4) Probable Cause = Objective standard Arrests, Warrants, Grand Jury Indictment, Preliminary Hearing Warrantless Searches: Car Based on facts and circumstances Needed for an officer to get a warrant, conduct a search, or arrest even when one of the exceptions to obtaining a warrant is present. - (5) Reasonable Suspicion = Subjective standard Terry v. Ohio = Stop and Frisk Temporary Investigative Detention - (6) Syntilla A hunch/gut feeling Ex: driving while black You can’t act on a hunch or a tip, you can investigate Mere Encounter vs. Investigative Temporary Detention (ITD)s vs. Custody - Mere Encounger: Can ask for name and address. Seizures. -
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Exam 1 Review - Exam 1 Review 4th Amendment (Language)...

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