Term
Michigan Department of State Police vs Sitz
Sobriety Checkpoints |
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Definition
Sobriety checkpoints are a form of stop and are constitutional if they are conducted fairly and do not pose a safety hazard |
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Term
Michigan vs Summers
Field Detection |
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Definition
Police officers may detain suspects with less than probable cause and may legally require suspects to reenter their houses and remain there until evidence establishing probable cause is found |
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Term
Michigan vs Tyler
Administrative Warrants |
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Definition
Public safety personnel may enter structures that are on fire to extinguish the blaze, after which officicials may remain a reasonable length of time to investigate the cause of the blaze |
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Term
Maryland vs Buie
Protective Sweeps |
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Definition
A protective sweep is legal and protects the arresting officer from danger posed by unknown third parties. The duration of the sweep is limited and can last no than necessary to dispel the suspicion of danger |
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Term
Whren vs United States
Traffic Stops |
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Definition
The real purpose of a stop even if ulterior, does not render the stop and subsequent search invalid if there was, in fact, a valid reason for the stop, such as traffic violation |
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Term
Chimel vs California
Search Incidental to Lawful Arrest |
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Definition
When making an aarrest, it is reasonable for an officer to search the person arrested to remove any weapons the latter might use to resist arrest of affect and escape. The search must be made simultaneously with the arrest and must be confined to the area within the immediate control of the suspect-that is, within his or her reach |
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Term
Hester vs United States
Open Fields, Abandoned Property, Trash
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Definition
If something is open to the public and has no expectation of privacy, it is not protected by the Fourth Amendment. |
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Term
Kylio vs United States
Thermal Imaging |
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Definition
Using a thermal imager to surveil a home is a seach under the Fourth Amendment and, as such, requires a search warrant based on probable cause |
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Term
Michigan vs Tucker
Public Safety Exception |
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Definition
Miranda warnings are not themselves rights protected by constitution, but are measures to ensure that the right against compulsory self-incrimination is protected. On some facts there is a "public safety" exception to the requirement that Mirand warnings be given before a suspect answers me be admitted into evidence, and the availbality of the exception does not depend upon the motivation of the individual officer |
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Term
Sorrels vs United States
Entrapment |
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Definition
Law enforcement may use traps, decoys and deception to obtain evidence of the commission of a crime. Resort to such means does not render an indictment thereafter found a nuullity nor call for the exclusion of evidence so procured |
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