Table of Contents
What is required for the police to conduct a search of a person who is not suspected of a crime quizlet?
What is required for the police to conduct a search of a person who is not suspected of a crime? Compelling interest is a legal concept that provides a basis for suspicionless searches of individuals who are not suspected of a crime when public safety is at stake.
What are the elements of search and seizure?
A valid search warrant must meet four requirements: (1) the warrant must be filed in good faith by a law enforcement officer; (2) the warrant must be based on reliable information showing probable cause to search; (3) the warrant must be issued by a neutral and detached magistrate; and (4) the warrant must state …
Under what circumstances can a police officer search your car quizlet?
The police may search anywhere in a car that they have probable cause to believe contains contraband, including the trunk and locked containers. In this case, the officer smelled marijuana smoke, which gave him probable cause to search the passenger compartment of the car.
What are the three areas of due process requirements that are of relevance to the police?
Most due process requirements of relevance to police work concern three major areas: (1) evidence and investigation (often called search and seizure), (2) arrest, and (3) interrogation.
Which of the following is not required for the police to seize contraband under the plain view doctrine quizlet?
Which of the following is not required for the police to seize contraband under the plain view doctrine? The officer must have obtained the property owner’s verbal or written permission to search and to seize the contraband. When do the police have to read the Miranda warnings to a suspect?
What are the rules for searches and seizures?
WARRANT REQUIREMENT. A search or seizure is generally unreasonable and illegal without a warrant, subject to only a few exceptions. To obtain a search warrant or arrest warrant, the law enforcement officer must demonstrate probable cause that a search or seizure is justified.
What is the purpose of search and seizure?
Search and seizure, in criminal law, is used to describe a law enforcement agent’s examination of a person’s home, vehicle, or business to find evidence that a crime has been committed.
What does the exclusionary rule prohibit?
Overview. The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.
What does exigent circumstances mean?
Exigent circumstances – “circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating …
What are the 4 due process procedures?
Possibly Guaranteed Procedures Notice of the proposed action and the grounds asserted for it. Opportunity to present reasons why the proposed action should not be taken. The right to present evidence, including the right to call witnesses. The right to know opposing evidence.
What are some examples of due process?
Suppose, for example, state law gives students a right to a public education, but doesn’t say anything about discipline. Before the state could take that right away from a student, by expelling her for misbehavior, it would have to provide fair procedures, i.e. “due process.”
What includes any police behaviors likely to produce an incriminating response from the suspect?
The U.S. Supreme Court has defined information as any behaviors by the police that the police should know are reasonably likely to elicit an incriminating response from the suspect. The case of Escobedo v.