Criminal Procedure test 2 Chapter 7
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
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| 4 items to search | Contraband
Fruits of the crime
Instrumentalities of the crime
Mere Evidence
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| 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
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| 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
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| US v. Banks (2003) | knock/announce waiting approx. 15 to 20 seconds was a sufficent amount of time before forcing entry
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| 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
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| 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
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| 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
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| Illinois v. Rodriguez (1990) | "apparent authority" principle , gf allowed police in to apt where he was arrest for drugs in plain view
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| 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
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| 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
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| Flippo v. West Virginia (1999) | "murder scene" exception not vaild
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