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the balance btw the power of govt and the rights of individuals |
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discretionary professional judgement based on training/experience to conform to the constitution |
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whether evidence should be thrown out due to constitution violation |
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objective basis requirement |
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facts , not hunches, have to back up police invasions of individual liberty and privacy |
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is when the officer (believes) that a crime is or about to happen |
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it is when you hear something from a 3rd person so you can act on it
it isn't admissible in trial |
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government searches that they can search at schools and airports |
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this is to protect and provide safety to the officer and to protect property
document what suspect has in pockets and vehicle for nothing gets misplaced |
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particularity requirement |
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it is a requirement that getting a warrent, they have to be specific where and/or who they want to search |
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this rule states that the officer has to knock and state they are the police before they enter |
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voluntariness test of consent searches |
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a test in which the totality of circumstances to determine whether waiver and confessions were voluntary |
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apparent authority third-person consent to search |
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Definition
individual about whom it is reasonable to believe has authority to consent to search (but actually does not) |
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reasonable expectation of privacy test |
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4th -protects person, not places, when have an expectation of privacy (subjective) that society is prepared to recognize (objective) |
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it has to be in plain view, cant search any thing with out a warrant, 4th amendment right |
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Definition
being held with out ability to leave. things being taken from the scene and used against you |
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Definition
they are brief detention that allow police to freeze suspicions people and situations briefly for they can investigate them
articularble facts
brief
on the spot detentions |
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Term
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Definition
the totality of articurable facts and circumstances that lead the officer in the light of their training and experience, to suspect a crime may happen or is about to happen |
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