1 Consensual 2 Detention 3 Arrest W detention and arrest a seizure has occurred

1 consensual 2 detention 3 arrest w detention and

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1. Consensual 2. Detention 3. Arrest W/ detention and arrest a seizure has occurred & needs justification under 4th Amend. Justify: 1. Consentual Encounter = voluntary (getting stopped for a traffic ticket) 2. Detention = Reasonable Suspicion 3. Arrest = Probable Cause Know the Olmstead and Katz cases and what they stand for. Olmstead: Trespass Rule came from it. Wiretap on home phone, pole across street. No search because no physical intrusion, items seized were intangible conversations. Katz: Reasonable Expectation of Privacy Rule. Put a recording device on the roof of an enclosed phone booth. The court held that he had an expectation of privacy because he was in an enclosed space. Jones case added to this case: gps attached to a car, court held a physical violation because it was physically attached to car.
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What is the rule for abandoned property? 4th Amendment rights are abandoned. What is the general requirement for a search? A search warrant or recognized exception to a search warrant. 1) Use as evidence in court; 2) detain for investigation; 3) apply for a search warrant; 4) impound for safekeeping What is required in order to seize an object for evidence? Probable Cause: 1) Fruits of Crime; 2) instrumentalities of crime; 3) Contraband; 4) mere evidence What must be established for the issuance of a search warrant?
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  • Fall '08
  • Hill,B

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