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Exam 2-Study Guide

Exam 2-Study Guide - Exam 2-Study Guide Search and Seizure...

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Exam 2-Study Guide Search and Seizure o 4th amendment- police officers prohibited from undertaking “unreasonable searches and seizures” o searches- government officials examination of and hunt for evidence in or on a person or place in a manner that intrudes on reasonable expectations of privacy o reasonable expectations of privacy- the objective standard developed by courts for determining whether a government intrusion into an individuals person or property constitutes a search because it interferes with the individuals interests that are normally protected from government examination o seizures- 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 4th amendment if people are not free to leave when officers assert their authority to halt someone’s movement, then a seizure has occurred and the 4th amendment requires the seizure be reasonable forms of seizure: arrest-taking a suspect into custody stop-brief interference with a person’s freedom of movement for a duration that can be measured in minutes o stops must be justified by reasonable suspicion-a police officer’s belief based on articulable facts that would be recognized by others in a similar situation as indicating that criminal activity is afoot and necessitates further investigation that will intrude on an individual’s reasonable expectation of privacy Concept of Arrest o Arrests involve a more significant intrusion on liberty so they require a higher level of justification o Arrests must be supported by probable cause-sufficient evidence that exists to support the reasonable conclusion that a person has committed a crime. o To obtain an arrest warrant, the police must provide a judicial officer with sufficient evidence to support a finding of probable cause Warrants and Probable Cause o 4th amendment –“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 to be seized” o important elements: existence of probable cause, affidavit-written statement confirmed by oath or affirmation, warrant must describe the specific place to be searched, must describe the person or items to be seized o Illinois vs. Fates-totality of circumstances- flexible test established by the Supreme Court for identifying whether probable cause exists to justify a judge’s issuance of a warrant Warrantless Searches o Plain View Doctrine- officers may examine and use as evidence, without a
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warrant, contraband or evidence that is in open view at a location where they are legally permitted o Open Fields Doctrine- Supreme Court doctrine under which property owners have no reasonable expectation of privacy in open fields on and around their property o Plain feel/smell- officers may use their sense of smell, especially for
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Exam 2-Study Guide - Exam 2-Study Guide Search and Seizure...

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