Search and seizure, warrants and exceptions, Miranda, confessions, counsel, and the exclusionary rule.
45 cards · basic cards · AI-written, checked twice. Edit anything.
- What is the fundamental right protected by the Fourth Amendment?
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Protection against unreasonable searches and seizures by the government- What constitutes a search under the Fourth Amendment?
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A government intrusion into a place where a person has a reasonable expectation of privacy- What is the two-part test for reasonable expectation of privacy under Katz?
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Person manifests subjective expectation of privacy AND that expectation is objectively reasonable to society- What is the third party doctrine?
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No reasonable expectation of privacy in information voluntarily shared with third parties; Fourth Amendment does not apply- What four requirements must a valid search warrant satisfy?
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Probable cause, particularity (describing place and things to seize), oath or affirmation, issued by neutral magistrate- What must an affidavit supporting a search warrant establish?
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Facts providing probable cause to believe evidence of crime or contraband is located at the specified place- What are the three requirements of the plain view doctrine?
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Officer must have lawful vantage point, incriminating nature immediately apparent, and lawful right of access to object- What are exigent circumstances?
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Emergency situations justifying warrantless searches: hot pursuit, destruction of evidence, emergency aid, or evanescent evidence- What three elements must be present for a valid consent search?
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Consent given, government bears burden of proving voluntariness, scope of search limited to consent given- What is the stop and frisk doctrine?
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Officer may stop person for brief investigation based on reasonable suspicion and may frisk for weapons if reasonable belief person armed- What standard of suspicion justifies a Terry stop and frisk?
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Reasonable suspicion, which is less than probable cause but requires specific articulable facts- What is the scope of a frisk during a lawful stop?
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A pat-down of the person's outer clothing and areas where a weapon could be hidden, not a full search- What is a search incident to arrest?
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A full search of the person arrested and the immediately surrounding area without requiring a warrant- How far does a search incident to arrest extend spatially?
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The person's immediate control area, typically defined as the wingspan or grabbing distance around the arrestee- What is the automobile exception to the warrant requirement?
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A vehicle's mobility and reduced expectation of privacy allow warrantless search if police have probable cause it contains contraband or evidence
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