What burden of proof does an officer need to conduct a temporary detainment of an individual?
Reasonable suspicion
What are the exclusions to search warrants?
Exigent Circumstances (Fresh Pursuit, Medical Emergenc
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What burden of proof does an officer need to conduct a temporary detainment of an individual?
Reasonable suspicion
What are the exclusions to search warrants?
Exigent Circumstances (Fresh Pursuit, Medical Emergency, Possible Destruction of Evidence, Possible Escape of Suspect)
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What does the 4th Amendemnt protect?
Unlawful Search and Siezure without probable cause.
What and where is described in warrants?
Description of Items to be siezed, affadavit of probable cause, signed by a 3rd party under oath, and a crime that was commited.
What did the case "Terry v Ohio" define?
Stop and Frisk searches for weapons.
What did the "Chimel v California" case define?
During an arrest in a residence, an officer may only search the area in the "wing span" of the individual to be siezed.
Who must sign a search warrant in order for it to be valid?
A judge, under oath
What the the "Arizona v Gant" case define?
An officer can only search the area of a vehicle that is within the reaching distance of the individual being detained. Once the individual is safe and out of the car the officer must stop searching.
What did the "Mapp v Ohio" case define?
This case was the introduction to the exclusionary rule.
Does one need a warrant to conduct an inventory search?
No
What does the term "the fruit from the poisonous tree" mean?
This refers to any evidence obtained during an unlawful search.
What is the difference between proof and evidence?
Evidence is any information (can include testimony, documents, photographs) offered to prove or disprove guilt, while proof is the esablishment of fact through the use of evidence.
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