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Search and Seizure Ground Rules
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Flashcards
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Trespass Doctrine
Physical intrusion into a constitutionally protected area to gather information constitutes a search
Inevitable Discovery Doctrine
Illegally obtained evidence can be used if it would have later been discovered legally
Exclusionary Rule
Evidence obtained in violation of the Fourth Amendment is generally inadmissible in court
Warrant Requirement
Searches and seizures typically require a warrant signed by a judge
Border Search Exception
Routine searches at national borders do not require a warrant or probable cause
Third-Party Doctrine
No reasonable expectation of privacy for information voluntarily given to third parties
Electronic Surveillance and Wiretapping
May require a warrant based on probable cause, detailing the conversations to be intercepted
Reasonable Expectation of Privacy
Protection under the Fourth Amendment applies when a person has a legitimate expectation of privacy
Search Incident to Lawful Arrest
Officers may perform a search without a warrant after making a lawful arrest
Good Faith Exception
Evidence collected in reasonable reliance on a search warrant later found invalid may still be used
Hot Pursuit
Allows law enforcement to enter premises without a warrant when chasing a fleeing suspect
Digital Evidence and Encryption
Courts may order decryption of devices, but Fifth Amendment issues can arise
Independent Source Doctrine
Evidence first obtained illegally but later acquired through a legally obtained independent source is admissible
Administrative Search
Searches conducted for regulatory purposes, may not always require a warrant
Exigent Circumstances
Emergency conditions allow for warrantless searches to prevent immediate harm or destruction of evidence
Plain View Doctrine
Allows officers to seize evidence without a warrant if it is clearly visible
Consent to Search
Searching without a warrant is permissible if voluntary consent is given
Knock-and-Announce Rule
Police must announce their presence and wait before entering, except in special circumstances
Probable Cause
A reasonable belief that a person has committed a crime
The Fourth Amendment
Protection against unreasonable searches and seizures
Attenuation Doctrine
Evidence is admissible if the connection between illegal police action and the evidence is distant or has been interrupted by some intervening circumstance
Searches of Probationers and Parolees
Lowered expectation of privacy allows for searches without warrants or probable cause
Stop and Frisk
Officers can pat down clothing for weapons if they have reasonable suspicion
Automobile Exception
Lower expectation of privacy in vehicles allows warrantless searches with probable cause
School Searches
School officials can conduct searches with a lower standard of reasonable suspicion
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