4th Amendment - the right of the people to be secured in their persons, houses, papers and effects
against unreasonable search and seizures.
May a state Court give less protection to individual liberties than required by Federal Courts? - No it's
the beginning
May a state Court give greater protection? - Yes
14th Amendment - Nor shall any state deprive any person of life, liberty, or property without due
process of law
article 1 section 7 - talks about search warrants
who has the authority to issue a warrant? - A magistrate
who is a magistrate? - Any type of Judge
grounds for search warrant - where property was stolen or embezzled, where the property was used as
the means of committing a felony, where property was in possession of any person w/ the intent use it
for means of committing a public offense.
When can a search warrant be issued? - Probable Cause
if probable Cause exists what you need for search warrant? - sign, date, time and deliver
a magistrate may base a finding of PC oh hearsay evidence in whole or in part - Out of court statement
used to try to prove something in court.
Totality of Circumstances - complete picture/ looking at everything
, What does the magistrate have to write on the search warrant? - hour, date, name of officer to whom
the search warrant was delivered.
how many copies do you need for a warrant? - 3 one to judge, one to defendant, one for court
how long until the search warrant is void - 5 days
how many time may you enter on a search warrant? - once
three reasons for the knock and announce rule - it provides protection from violance, protects the
privacy interests of the home, protects the needless destruction of private property
knock and announce exigent circumstances - destruction of evidence, officer/innocent person safety,
useless jester (hot pursuit)
Definition of a strip search. - to remove or arrange some or all of the persons clothing to permit visual
inspection
body cavity search - inspection, probing or examination inside for the purpose of determining if the
person is cancelling evidence or contraband. has to have search warrant and done by medical
professionals w/ written consent form
state Court system is deprived from what common law? - English common law
state Court system is offspring of? - North Carolina interpretation
upon arrest an officer shall inform the defendant of? - officers authority, cause of the arrest, exhibit
warrant if exists, marranda if needed, no booking with out phone call
What is magistrate? - an officer that is able to issues a warrant for the arrest of a person charged
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller VasilyKichigin. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $13.48. You're not tied to anything after your purchase.
