Tleta Test 1 Questions And Answers
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4th Amendment - ANSWER✔✔ 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? - ANSWER✔✔ No it's the beginning
May a state Court give greater protection? - ANSWER✔✔ Yes
14th Amendment - ANSWER✔✔ Nor shall any state deprive any person of life,
liberty, or property without due process of law
article 1 section 7 - ANSWER✔✔ talks about search warrants
who has the authority to issue a warrant? - ANSWER✔✔ A magistrate
who is a magistrate? - ANSWER✔✔ Any type of Judge
grounds for search warrant - ANSWER✔✔ 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? - ANSWER✔✔ Probable Cause
, if probable Cause exists what you need for search warrant? - ANSWER✔✔ sign,
date, time and deliver
a magistrate may base a finding of PC oh hearsay evidence in whole or in part -
ANSWER✔✔ Out of court statement used to try to prove something in court.
Totality of Circumstances - ANSWER✔✔ complete picture/ looking at everything
What does the magistrate have to write on the search warrant? - ANSWER✔✔
hour, date, name of officer to whom the search warrant was delivered.
how many copies do you need for a warrant? - ANSWER✔✔ 3 one to judge, one
to defendant, one for court
how long until the search warrant is void - ANSWER✔✔ 5 days
how many time may you enter on a search warrant? - ANSWER✔✔ once
three reasons for the knock and announce rule - ANSWER✔✔ it provides
protection from violance, protects the privacy interests of the home, protects the
needless destruction of private property
knock and announce exigent circumstances - ANSWER✔✔ destruction of
evidence, officer/innocent person safety, useless jester (hot pursuit)
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