Warrant and Searches

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8 Terms

1
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what are the requirements for a valid warrant

probable cause, neutral magistrate, particularity, and reasonable execution

2
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what does particularity mean

the warrant specifies the place and the people/items to be searched

3
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what is the plain-view doctrine

police may seize immediately apparent evidence when lawfully present

4
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what is the automobile exception

police may search a vehicle based on probable cause, within constitutional limits.

5
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what are the exigent circumstances

a genuine immediate emergency that can justify warrantless police action

6
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what is voluntary consent

a voluntary agreement that can permit a search without a warrant or probable cause

7
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what limits a consent search

the scope of the person’s consent

8
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what are 5 warrantless-search pathways

exigent circumstances, terry stop/frisk, automobile exception, search incident to arrest, and consent