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Criminal Evidence oct. 4

by: Paige Notetaker

Criminal Evidence oct. 4 CRJU 251

Marketplace > Glenville State College > CRJU 251 > Criminal Evidence oct 4
Paige Notetaker


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About this Document

Warrantless searches
Probation & Parole
Prof. Tremble
Class Notes
25 ?




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This 3 page Class Notes was uploaded by Paige Notetaker on Wednesday October 5, 2016. The Class Notes belongs to CRJU 251 at Glenville State College taught by Prof. Tremble in Fall 2016. Since its upload, it has received 4 views.


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Date Created: 10/05/16
October 4 2016 Warrantless Searches:  The Court has continued to recognize exceptions to the exclusionary rule and has refused to suppress evidence when such suppression had no deterrent effect on future police misconduct.  In addition, the court recognized special situations in which warrants were not required  These are known as warrantless searches:  Border searches, consent searches, container searches, exigent circumstances, searches incident to a lawful arrest, plain view, special needs, stop-and-frisk, and inventory searches. Investigative Detention:  Investigative inquiries take one to three forms o Encounters that are entirely voluntary o Arrest in which probable cause of criminal activity has been demonstrated o Investigative or Terry stops. Terry Stops:  Legal authority for an officer to conduct a “Pat down” or search a person’s outer clothing or visual search of a vehicle for contraband.  Although the Terry stop is not an arrest, the person is not free to leave.  A.K.A. Stop-and-frisk. Search Incident to an Arrest:  A search of a criminal suspect and his/her immediate are prior to arrest conducted for the purpose of securing officer safety, preventing the destruction of criminal evidence, and or discovering criminal contraband. Plain View Doctrine:  Legal authority allowing collection of criminal evidence when the item in question is unobstructed, the officer or authority is in a lawful position, and the evidentiary value of the item is immediately apparent.  If evidence can be easily seen, then an officer has full right to collect it as evidence without a search warrant. Immediate Apparency:  A term used exclusively in consideration of the constitutionality of a particular “plain views” search.  The term refers to the instant recognizability of a particular item’s evidentiary value. Plain Feel Doctrine:  A legal authority that provides for the collection of items when such items are inadvertently discovered on an individual’s person during a legitimate police action. o Goes along with Terry Stops. o Ex. Looking for a gun and feeling contraband- this is very hard to prove in court. Automobile Searches  Warrantless, roadside searches of motor vehicles are permitted if there is probable cause to believe that evidence of criminal activity or criminal contraband is contained therein. o MOST DIFFICULT WARRARENTLESS SEARCH! Inventory searches of automobiles:  Searches which are conducted by law enforcement personnel of aan individuals personal belongings. o Generally allowed wen car is impounded  This keeps officers safe from claims such as theft from angry civilians. Consent:  Searches conducted in the absence of a warrant, which are predicted on the permission of the homeowner or other competent party, but which are limited to the scope of said permission.  Consent searches are the only ones in which probable cause, reasonable suspicion, or an articulable justification is not required. o You can allow an officer in, but you get to limit where they can search, and you can ask them to leave at any time. Voluntariness of Consent:  Information or evidence collected as a result of consent may be deemed inadmissible whenever it is determined that the actor was acting under duress or was coerced in anyway.  Factors that may lessen or negate the certainty of voluntary consent or confessions have included: o Lack of advice to his/her rights o Length of detention, repeated or prolonged questioning, or use of physical punishment Scope of Consent:  The parameters of a particular consensual search are limited to the terms of consent  The individual grantor retains the right to limit, guide, or otherwise terminate the resulting search throughout the operation.


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