Term
| Which amendment covers searches? |
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Definition
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Term
| If you were to compare the U.S. Constitution Fourth Amendment standard for searches to that of the S.C. Constitution, which constitution would have the higher standard relating to searches? |
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Definition
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Term
| Under the Fourth Amendment, search and seizure must be what? |
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Definition
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Term
| The production of facts and circumstances to amount to probable cause is the basis for what "test"? |
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Definition
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Term
| When determining reasonableness, the court tries to balance what 2 things? |
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Definition
| Government interest with a person's constitutional right to privacy |
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Term
| When probable cause exists, a person's right to privacy does what to the state's right to search for and seize evidence of a crime? |
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Definition
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Term
| Who bears the responsibility of proving a claim under the Fourth Amendment protection? |
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Definition
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Term
| A citizen's motivation for the search, the degree of government involvement, and the legality of the conduct encouraged by the police are all used to determine what? |
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Definition
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Term
| Who is protected when it comes to searches? |
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Definition
| All persons in the U.S. including businesses |
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Term
| True/False: Businesses and Corporations have Fourth Amendment rights. |
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Definition
| True, courts have held that they are a "person" |
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Term
| What may be seized when acting under a search warrant or when conducting a valid warrantless search? |
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Definition
| Anything tangible or intangible with a "connection" to criminal activity |
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Term
| The search warrant statute for South Carolina is covered in what section of the S.C. Code of Laws? |
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Definition
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Term
| What is the requirement needed to seize things that are not in the possession of one suspected of criminal activity. |
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Definition
| There is no requirement that the "things to be seized" are in the possession of one suspected of criminal activity |
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Term
| Police may make note of anything that is evident to their senses, so long as they meet what 2 criteria? |
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Definition
| Have a right to be where they are and do not use extraordinary means to make the observation |
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Term
| As it relates to Aerial Surveillance, what are the respective altitudes for fixed wing aircraft and helicopters? |
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Definition
| Aircraft - 1000 feet and Helicopters - 400 feet |
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Term
| What are the two types of personal property that can be seized without an invasion of privacy? |
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Definition
| Contraband and Abandoned Property |
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Term
| What are two common types of abandoned property? |
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Definition
| Garbage and "Dropsy" cases |
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Term
| What is the judicial review standard as it relates to searches and invasion of privacy? |
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Definition
| Reasonableness is to be determined by balancing the government's interest in conducting the search against the intrusion which the search entails |
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Term
| How does the expectation of privacy in a vehicle compare to that of a residence? |
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Definition
| Expectation is higher in the residence than in the vehicle |
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Term
| Under the Fourth Amendment, a search for or seizure of evidence must be? |
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Definition
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Term
| As it relates to searches, how is the test of reasonableness met? |
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Definition
| The production of facts and circumstances amounting to probable cause to believe the evidence sought is located at the place or on the person to be searched |
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Term
| In many cases, the court uses a balancing test to determine reasonableness. What things does the court "balance"? |
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Definition
| Government's interest in conducting the search against the intrusion which the search entails |
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Term
| When probable cause is shown, how does an individual's right to privacy compare to the state's right to search and seizure for evidence? |
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Definition
| The individual's constitutional rights yield to the state's right to search and seize evidence when probable cause is shown |
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Term
| True/False: The right to privacy is not just a personal right, but a property concept as well. |
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Definition
| False. The right to privacy is a personal right, not a property concept |
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Term
| True/False: The right to privacy is intended to safeguard whatever an individual intends to be private under circumstances in which such expectation of privacy is reasonable. |
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Definition
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Term
| The "curtilage" concept originated from what form of law? |
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Definition
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Term
| Curtilage extends privacy protection from the inside of the house to what area? |
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Definition
| The area immediately surrounding the dwelling house |
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Term
| Briefly describe what a search? |
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Definition
| Any GOVERNMENT conduct which intrudes upon a person's reasonable expectation of privacy is a search or seizure under the Fourth Amendment |
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Term
| Give at least 1 thing the court considers when determining whether a search is private. |
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Definition
- Citizen's motivation for the search or seizure
- Degree of governmental involvement
- Legality of the conduct encouraged by the police
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Term
| Who is protected by the Fourth Amendment? |
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Definition
| All persons located within the United States are protected. This would include U.S. citizens, legal and illegal aliens, as well as those U.S. citizens living abroad |
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Term
| Are businesses protected under the Fourth Amendment? |
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Definition
| Yes. Courts have held that a corporation or business is a "person" with enforceable Fourth Amendment rights |
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Term
| What may be seized under a search warrant or valid warrantless search? |
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Definition
| Virtually any tangible article or intangible article may be seized where the state can show a "connection" with criminal activity |
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Term
| Provide at least 3 of the 5 categories of property which may be searched for or seized according to South Carolina Code. (S.C. Code 17-13-140) |
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Definition
- Stolen or embezzled property (Fruits)
- Property the possession of which is unlawful (Contraband)
- Property which is being used or has been used in the commission of a criminal offense (Instrumentalities)
- Property constituting evdience of a crime (Mere Evidence)
- Any narcotic drug (Controlled Substances)
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Term
| What is the requirement for "things to be seized" being in the possession of one suspected of criminal activity? |
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Definition
| There is no requirement, that the "things to be seized" are in the possession of one suspected of criminal activity |
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Term
| True/False: A search warrant may be directed at a criminal target, but not a non-criminal target such as a newspaper. |
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Definition
| False. A search warrant may be directed at a criminal or non criminal target. (Zurcher v. Stanford Daily) |
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Term
| True/False: Not every observation, made by an officer, amounts to a search within the meaning of the Fourth Amendment. |
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Definition
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Term
| True/False: Police may make note of anything that is evident to any of their senses, as long as they are in a place where they have a right to be, and as long as they do not resort to extraordinary means to make the observation. |
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Definition
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Term
| When it comes to using their senses to make observations, are officers allowed to use anything to enhance their natural senses? |
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Definition
| Yes. Some enhancement of the natural senses is permissible and would include flashlights, night vision equipment, binoculars, electronic tracking devices, and dog sniffs |
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Term
| If police are walking down a sidewalk and see a bag of cocaine laying against a park bench can they seize the bag as evidence? If so, will they be intruding on someone's right to privacy? |
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Definition
| Yes, under the Plain View Doctrine, the police may seize the bag of cocaine as evidence without intruding upon an individual's reasonable expectation of privacy |
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Term
| If police justifiably intrude into an individual's home and see a bag of cocaine laying on the couch,can they seize the bag as evidence? If so, will they be intruding on someone's right to privacy? |
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Definition
| Yes, under the Plain View Doctrine, the police may seize the bag of cocaine as evidence without intruding upon an individual's reasonable expectation of privacy |
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Term
| If the police are justified in being at a vantage point and see a bag of cocaine laying in an area where they have no independent justification to be (protected area), may the officers enter and seize the bag as evidence under the Plain View Doctrine? |
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Definition
| No. If the officers do not have a search warrant and/or absent exigent circumstances or consent to enter, the officers may not enter and seize the bag merely because they have seen it. |
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Term
| The Plain View Doctrine allows for the seizure of evidence if what 3 requirements are met? |
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Definition
- Initial intrusion which affords the officer "plain view" is lawful
- Incriminating nature of the evidence is immediately apparent to the probable cause standard
- Evidence is in the same area where the officer is lawfully present
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Term
| Name at least 3 of the 5 ways (not including consent) an officer may enter the premises with no invasion of privacy. |
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Definition
- Abandoned premises
- Open fields
- Aerial Surveillance
- Common areas of buildings
- Public areas of businesses
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Term
| What are two types of property that may be seized without invasion of privacy? |
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Definition
- Contraband
- Abandoned property
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Term
| Give 2 common types of abandoned property. |
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Definition
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Term
| What is the Judicial Review Standard for reasonableness? |
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Definition
| Reasonableness is determined by balancing the government's interest in conducting the search against the intrusion which the search entails |
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