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Search and Seizure Ground Rules

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Trespass Doctrine

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Physical intrusion into a constitutionally protected area to gather information constitutes a search

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Inevitable Discovery Doctrine

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Illegally obtained evidence can be used if it would have later been discovered legally

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Exclusionary Rule

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Evidence obtained in violation of the Fourth Amendment is generally inadmissible in court

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Warrant Requirement

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Searches and seizures typically require a warrant signed by a judge

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Border Search Exception

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Routine searches at national borders do not require a warrant or probable cause

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Third-Party Doctrine

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No reasonable expectation of privacy for information voluntarily given to third parties

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Electronic Surveillance and Wiretapping

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May require a warrant based on probable cause, detailing the conversations to be intercepted

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Reasonable Expectation of Privacy

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Protection under the Fourth Amendment applies when a person has a legitimate expectation of privacy

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Search Incident to Lawful Arrest

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Officers may perform a search without a warrant after making a lawful arrest

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Good Faith Exception

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Evidence collected in reasonable reliance on a search warrant later found invalid may still be used

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Hot Pursuit

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Allows law enforcement to enter premises without a warrant when chasing a fleeing suspect

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Digital Evidence and Encryption

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Courts may order decryption of devices, but Fifth Amendment issues can arise

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Independent Source Doctrine

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Evidence first obtained illegally but later acquired through a legally obtained independent source is admissible

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Administrative Search

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Searches conducted for regulatory purposes, may not always require a warrant

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Exigent Circumstances

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Emergency conditions allow for warrantless searches to prevent immediate harm or destruction of evidence

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Plain View Doctrine

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Allows officers to seize evidence without a warrant if it is clearly visible

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Consent to Search

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Searching without a warrant is permissible if voluntary consent is given

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Knock-and-Announce Rule

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Police must announce their presence and wait before entering, except in special circumstances

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Probable Cause

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A reasonable belief that a person has committed a crime

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The Fourth Amendment

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Protection against unreasonable searches and seizures

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Attenuation Doctrine

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Evidence is admissible if the connection between illegal police action and the evidence is distant or has been interrupted by some intervening circumstance

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Searches of Probationers and Parolees

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Lowered expectation of privacy allows for searches without warrants or probable cause

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Stop and Frisk

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Officers can pat down clothing for weapons if they have reasonable suspicion

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Automobile Exception

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Lower expectation of privacy in vehicles allows warrantless searches with probable cause

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School Searches

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School officials can conduct searches with a lower standard of reasonable suspicion

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