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This study guide provides a comprehensive overview of the fourth amendment and its application to search and seizure laws. It covers key concepts such as reasonable expectation of privacy, warrant requirements, exceptions to the warrant requirement, and the application of these principles to individuals, places, and motor vehicles. The guide includes numerous examples and sample questions to help students understand and apply the concepts.
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Was the conduct a search? Was the conduct a Seizure? Was their state action? What is conduct of search determined by? - ✔✔The Reasonable Expectation of Privacy test. What are the two components of the expectation of the reasonable expectation privacy test? - ✔✔
What exceptions apply when violation of the forth amendment comes into play with PEOPLE - ✔✔1.Stop and Frisk 2.Warrant Arrest 3.Warrantless Arrest 4.Search incident to arrest 5.Inventory Searches 6.Drug Testing. What is stop and frisk? - ✔✔Stop is a Detention. A.) Must have reasonable suspicion that the suspect was committing or about to commit, or had committed a crime. B.)The stop must be brief and on the spot. Frisk is a Putdown A. Must have reasonable suspicion that suspect is armed and dangerous. B. Limited to feeling the outside of the clothing. C. Cannot remove non-weapons unless its incriminating nature(immediately appartent) For a WARRANT ARREST of people what two things apply? - ✔✔1. May use arrest warrant as a search warrant only at arrestees home.
Describing a place to be search with particularity is valid in a warrant when..... - ✔✔1. Such a reasonable person would not search the wrong place.
B. Arrestee must be able to reach the car. C. If looking for evidence, the evidence must be related to the crime. What is the motor vehicle doctrine? - ✔✔A. MUST have probable cause B.May search ENTIRE car and containers C.No need for warrant. What falls under as an exception for vehicle impounds? - ✔✔Purpose is the non-lawenforcemtn duty of community catering (public safety) What falls under as an exception for inventory search of a vehicle? - ✔✔A. purpose is to deter theft and false claims of theft B. must have and follow procedures. C. usually cannot open locked containers. Their has to be _________ for all warrantless searches and seizures? - ✔✔Consent What are the levels of suspicion? - ✔✔Reasonable suspicion and Probable Cause What is reasonable suspicion? - ✔✔Facts that would lead a reasonable person to have some suspicion. What is probable cause? - ✔✔facts that would a reasonable person to have a STRONG suspicion. SAMPLE QUESTION: Did the Fourth Amendment PROTECT Cheech when Detective Dog used binoculars to observe Cheech throwing something into the trash can? - ✔✔ SAMPLE QUESTION: Was the Fourth Amendment violated when Detective Dog observed and then seized the Barbie doll dresses found in the trash can? - ✔✔