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Criminal Procedure2

Criminal Procedure test 2 Chapter 7

QuestionAnswer
4 items to search Contraband Fruits of the crime Instrumentalities of the crime Mere Evidence
search and seizure with a warrant probable cause a supporting oath or affirmation description of the place to be searched and the things to be seized signature of magistrate
Illinois v. McArthur (2001) temporary restraint of a suspect to perserve evidence untill warrant can be obtained. officers prevented him from returning to his trailer till warrant was recieved to obtain drugs
US v. Banks (2003) knock/announce waiting approx. 15 to 20 seconds was a sufficent amount of time before forcing entry
Exceptions to Search Warrant Rule stop and frisk search incident to arrest consent special needs beyond law enforcement extigent circumstances motor vehicle exception administrative exception
US v. Drayton (2002) 4th admendment permits p/o to approach bus passengers, ask questions,and request thier consent to search, does not have to tell them they have the right to refuse
Apparent Authority Principle police obtain consent of a third party whom at they time of entry thought that they had the authority to grant permission, which in fact they did not
Illinois v. Rodriguez (1990) "apparent authority" principle , gf allowed police in to apt where he was arrest for drugs in plain view
New Jersey v. T.L.O. (1985) public school search, teachers or administrators do not need warrant or p/c to seach a student they believe is violating the law or school rules
US v. Knights (2001) search of probationers and parolees, warrantless search by p/o supported by r/s is vaild under 4th based on the totality of the circumstances
Flippo v. West Virginia (1999) "murder scene" exception not vaild
Created by: 768997619
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