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study guide test 2 - CCJS100 Test #2 Study Guide CHAPTER 6...

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CCJS100 Test #2 Study Guide CHAPTER 6 Search and Seizure Fourth amendment prohibits police officers from undertaking “unreasonable searches and seizures” Searches : actions by law enforcement officials that intrude on people’s expectations of privacy People’s expectations of privacy : interferes with the individuals interests that are normally protected from government examination Seizure : situations in which police officers use their authority to deprive people of their liberty or property and which must not be “unreasonable” according to the fourth amendment Stop : brief interference with a person’s freedom of movement for a duration that can be measured in minutes (stopping a person on the street for a few minutes; “where are you going” – “to the sandwich shop down the street”) Stops are permissible if the officer has reasonable suspicion Arrest and Interrogation Issues Arrest : a significant deprivation of liberty because a person is taken into police custody, transported to the police station and processed into the criminal justice system All arrests must be supported by probable cause Probable cause: sufficient evidence that supports a reasonable conclusion that a person has committed a crime Warrant Searches The fourth amendment states that “no warrants shall issue but upon probable cause supported by oath or affirmation and particularly describing the place to be searched and the persons or things being seized” Four elements must be fulfilled to get a warrant o Existence of probable cause o Evidence must be presented to the judicial officer which leads to an Affidavit : a written statement confirmed by oath or affirmation submitted to judicial officers to fulfill requirements of probable cause for obtaining a warrant o Warrant must describe the specific place to be searched o Warrant must describe the person or items to be seized Totality of Circumstances : a flexible test for identifying whether probable cause exists to justify a judges issuant of a warrant (a test to determine whether there is existence of probable cause) Warrantless Searches 1
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Plainview doctrine o Plain view : permits officers to notice and use as evidence items that are visible to them when they are in a location where they are permitted to be o Plain feel : if the officer feels something that is immediately recognizable as a weapon, crack pipe, or other contraband, the item may be seized o Plain smell : if an officer smells a distinctive odor of a legal system they are justified in investigating further Open Field Doctrine o Supreme court doctrine under which property owners have no reasonable expectation of privacy in open fields on and around their property Six Instances where searches may be legally conducted without a warrant o Special Needs beyond the normal purposes of law enforcement Law enforcement officials have a justified need to conduct warrantless searches of individuals passing through
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This note was uploaded on 12/01/2010 for the course BSCI 103 taught by Professor Jones during the Spring '07 term at Maryland.

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study guide test 2 - CCJS100 Test #2 Study Guide CHAPTER 6...

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