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Arrest,Search and seizure
Terms in this set (25)
Which case refers to the 6th amendment?
In re Gault vs Arizona
What case relates to the 5th amendment, right to counsel, and right to remain silent?
Miranda vs Arizona
What case relates to the 4th Amendment (search and seizure) and probable cause?
Tennessee vs Garner
What case states that evidence recovered from search incident to arrest for an unconstitutional city ordinance is not admissible?
Howard vs State
What cases refer to the "Exclusionary Rule" (fruits of the poisonous tree)?
Wong Sun vs US
Map vs US
What case determined informants must be credible and information must be reliable?
Aguilar vs Texas
What rule is to deter police misconduct and states that any evidence obtained by peace officers using methods that violate persons' rights can not be used in trial?
In Texas, if an officer executes a warrant issued by a neutral magistrate, and it is later discovered that there was an sufficient probable cause in the supporting affidavit, the fruits of the execution of the warrant will be ______________ even if the executing officer knew nothing of the deficiencies?
Evidence that is obtained ___________ may not be admissible in court.
What is impound and inventory?
An administrative function.
Done when a person is arrested.
CANNOT be used as a ruse for a search.
Inventory of vehicles contents
Impoundment must be lawful for inventory to be lawful
What is the general rule regarding a search by police?
Officers need a search warrant to conduct a search, unless a specific exception applies.
What are the 12 exceptions?
• Stop and frisk - Terry
• Incident to arrest
• Vehicle or mobile exception
• Plain view or open view
• Public place or public view - open field
• Emergency search
• Abandoned property
• Administrative regulatory search
• Substance subject to chemical breakdown
• Plain touch
In sum, when is consent valid?
• When given freely and voluntarily
• Not under duress or coercion
• No misrepresentation or deception (unless undercover for the department)
• Court looks at all the facts - totality of circumstances
What is the basis for a temporary detention under Terry v. Ohio?
• Officers may temporarily detain a suspect based on reasonable suspicion.
• Detention is not an arrest.
Define "reasonable suspicion"
• Reasonable suspicion is a legal standard that a person has been, is, or is about to be, engaged in criminal activity based on specific and articulable facts and inferences.
• More than a hunch or mere suspicion
• The officer must be able to articulate specific facts which, in light of his experience and general knowledge, taken together with rational inferences from facts, reasonably justify detention.
• There must be enough objective factors to show, when looking at the person's behavior, that he is about to or has committed an offense.
What is the basis for a search incident to arrest?
A valid arrest
What may officers seize incident to arrest?
• Instruments of the crime
• Fruits of the crime
• Mere evidence that shows a person's guilt
What is the basis for the vehicle or mobile exception?
What is the scope of the vehicle or mobile exception?
• Officers may search every area of the vehicle and closed containers in which an object sought could reasonably be hidden.
• Once probable cause exists to support a search of a vehicle, the vehicle exception allows officers to search the trunk.
What are the three purposes of the inventory search?
• Protect owner's property
• Protect city from claims
What is the basis of the inventory search?
"Curtilage" refers to the area immediately surrounding and adjacent to a home. Like the home, it is protected by the 4th Amendment.
Define "suspicion" or "mere suspicion."
• Little or no evidence of an offense
• To imagine one guilty or culpable without proof
What can an officer require a person to do based on suspicion?
• The officer can investigate by approaching a person to speak with him.
• The person is not required to identify himself or answer the officer's questions.
• The officer may not detain the person.
Define "search warrant."
A search warrant is a written order issued by the proper magistrate and directed to a peace officer, commanding the peace officer to search for listed property or thing and to seized the same and bring it before the magistrate.
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