Lecture Notes on Search and Seizure

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Flashcards covering key vocabulary and concepts related to search and seizure law.

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15 Terms

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Waiver of Right to Counsel

A suspect can waive their right to counsel after asserting it, allowing interrogation to resume if they initiate further communication and voluntarily talk without counsel, after being advised of their Miranda rights.

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Consent to Search

Consent to search is valid whether oral or written, but written consent is preferable. Consent to enter a premises does not automatically grant consent to search the premises.

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Protective Sweep

Officers can conduct a brief search of a building to ensure safety or provide assistance.

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Consent Requirements

The consent must be voluntary. The scope is limited to the consent's meaning. The person consenting must have legal authority, and consent can be withdrawn.

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Consent by Person in Custody

Inform the person of their rights to refuse consent and consult with counsel (appointed if indigent), confirm understanding, and obtain a waiver of these rights before consent.

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Stop and Frisk

A stop requires 'reasonable suspicion' of criminal activity and being armed and dangerous. A frisk is a limited search for weapons only when there's reason to believe the subject is armed and dangerous.

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Vehicle Frisk

If the officer has knowledge of facts that lead him/her to believe that the suspect is armed or otherwise dangerous to himself or others, the officer may search the passenger compartment of the vehicle for weapons.

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Vehicle Search (Moveable Vehicle Exception)

An officer can conduct a vehicle search without a warrant if they have probable cause, the vehicle is moving or about to be moved, and a warrant is not readily available.

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Scope of Vehicle Search

A vehicle search founded on probable cause may extend to any part of the vehicle, including closed containers found inside, in which the object of the search can be concealed

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Crime Scene Searches

Searches of crime scenes with no expectation of privacy can be made without a warrant or consent. Private property searches require consent or a warrant, absent exigent circumstances.

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Emergencies and Exigent Circumstances

An officer may conduct a warrantless search if they believe it's necessary to save a life, prevent injury, or prevent serious property damage.

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Prevent Destruction of Evidence

An officer may conduct a warrantless search for evidence he has probable cause to believe will be destroyed or moved before a warrant can be obtained

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Vehicle Inventories

An inventory involves an examination of items in a motor vehicle or other property and may include items found in an accessible container, the contents of which cannot be readily ascertained by an examination of the container's exterior.

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Warrant Arrests

Execute any verified and valid criminal warrant presented or coming to their attention.

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Forcible Entry

Officers may break any outer or inner door or window in order to execute an arrest warrant, if the officer is not admitted following an announcement of his/her authority and purpose