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The police may search on the outer layers of your clothing to find a weapon, etc.
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A court order issued by a judge authorizing a search, an arrest, or a seizure of evidence. It must state the place to be searched and the itmes or persons to be seized. |
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To be done by a government employee or agent. For it to be a search it must fit the court's definition of a search of seizure. |
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Anything taken into possession, custody, or control. |
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States that people should be secure in their, persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue....... |
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The evidence must be strong enough that an independent, cautious person would have good reason to belive it. |
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A law that prohibits the use of illegally obtained evidence in a criminal trial. |
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This deals with procedures for arrests, trials, and appeals. IT also sets rules for processing someone through the criminal justice system. |
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You cannot be forced to testify against yourself. This keeps you safe from self-incrimination. It also deals with double jeopardy. |
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The prosecution of a person twice for the same offense.
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This defines which acts are illegal. It is required that all polce officers know this. |
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2 Conflicting Goals of the Justice System |
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1) protecting society from criminals
2) protecting the constitutional rights of those being processed through the system. |
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Time Frame for Executing a Warrant |
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72-96 Hours. But it also depends on the state. |
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A legal exception to violate boundaries when the cop is in the act of trying to catch a criminal. |
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- Miranda v. Arizona , was a landmark 5–4 decision of the United States Supreme Court. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant .......
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Sources of Criminal Procedure |
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1)Federal and State Constitutions
2)Appellate Courts (Courts of Appeals)
3) State & Federal Statues |
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What are three areas that do not fall under definition of search? |
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Plain View-see in plain sight, they can confiscate.
Open View- open area, such as farm, even if it says No trespassing they can enter.
Abandoned Property- trash....anything discarded |
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