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In the officers training or expectation they believe criminal activity is going on |
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Court ardered issued by a judge authorizing a search, an arrest or a seizure of evidence |
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Any governmental intrusion into a place where a person has resonable expectation of privacy |
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Any taking into possession, custody or control includes an arrest |
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Protection against unreasonable searches and seizures |
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The evidence must be strong enough that an independent, cautious person would have good reason to believe it |
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Procedures for arrests, trials and appeals |
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No one can be forced to testify against themselves; protects a person from self-incrimination |
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Defines which acts are legal |
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No illegally seized evidence may be used in court |
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2 Conflicting Goals of the Justice System |
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Protecting society from criminals 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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If a criminal runs inside a home, the officer can follow them into the home |
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You have the right to remain silent Anything you say can and will be held against you You have the right to an attorney If you cannot afford an attorney, one will be appointed for you |
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Sources of Criminal Procedure |
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Federal State Statutes, Federal and State Constitutions and Court Appeals |
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3 areas that do not fall under definition of search |
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Plain View- When a police officer spots something in plain sight and has a legal right to be there Open Fields- Property away from residence even if posted "No tresspassing" Abandoned Property- Discarded, including trash that has been put up to the curb or pick-up |
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Being charged for the same crime twice |
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2 things a warrant must have for a judge to issue it |
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A crime has been or is about to be commited The person, place, or thing to be searched or seized is related to that crime |
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Airlines, Boarders, Customs |
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