Can a person create a reasonable expectation of privacy in an open field?
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No. It has to be associated with the house, home, business, etc.
Inevitable Discovery prosecution must show:
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1) The lawful means, which made the discovery inevitable, were possessed
by the police and 2) were actively being pursued prior to the occurrence
of the illegal conduct
Difference between a misdemeanor obstruction and felony obstruction.
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Felony obstruction includes that someone knowingly and willfully resists,
obstructs, or opposes any law enforcement in the lawful discharge of his
official duties by OFFERING OR DOING VIOLENCE to the person of such
officer.
Seizure
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A governmental termination of movement through means intentionally
applied.
Graham v. Connor
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, Determined that the reasonableness of a particular use of force must be
judged from the perspective of how a reasonable officer on the scene
would respond, rather than from the 20/20 perspective of hindsight.
Exceptions to warrantless searches:
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1) Consent
2) Incident to a lawful arrest
3) Exigent Circumstances
Probable Cause is the basis:
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To arrest, to search, to seize
Tier 1
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Communication between police and citizens involving no coercion or
detention.
Scope