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| deals with due process and the fifth amendment. first case to do so |
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| Scottsboro (Powell v Alabama) |
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| Confessions must be free and voluntary. |
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due process
evidence unlawfully obtained |
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| Equal Protection and 14th amendment |
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| phones were tapped, but trespass doctrine said not 4th amendment search because no physical entry. |
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| Replaced the tresspass doctrine with the privacy doctrine. 2 prong privacy test |
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| once information given to 3rd party govt can ask them for the info |
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| conversations on phone are private, the numbers you dial are not |
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| abandoned property, 2 parts. physically and mentally giving it up |
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| Public does not recognize right to privacy if your breaking law. drugs only |
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| If govt uses sense enhancing item not available to public considered a search. if available to public not a search |
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| Dog can only perceive legal or not legal. and not a search |
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| no expectation of privacy in open field |
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| claimed he was seized when police showed up. Courts said when he was tackled because he didnt submit to force of authority |
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| 2nd hand information used for objective basis |
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| anonymous tip with insider knowledge okay to use |
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| anonymous tips that are broad do not count for Reasonable articulable suspicion |
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Unprovked flight = R.A.S ?
in high crime areas yes, not low crime areas |
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| Hilbel v sixth judical court of nevada |
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| stop and frisk is not an evidentory search |
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| officers can have passengers of cars exit |
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| bright line rule, officer can always order driver out of car |
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| officers allowed to frisk passengers |
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| U.S. v Montoya de Hernandez |
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| detention not unreasonable because she made it that long |
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| checkpoints are reasonable stops |
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| Hersay can't be used in trial, can be used to build suspicion to arrest |
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| Hersay can't be used in trial, can be used to build suspicion to arrest |
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| flight and concealment does equal probable cause |
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| mere appearance of illegality is not probable cause |
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Flight + High Crime Area = Reasonable, Articulable Suspicion.
Flight + High Crime Area = NO Probable Cause. |
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| exigent circumstances to enter house with out warrant |
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| Brigham city, Utah v Charles stuart |
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| imment danger an exigent circumstance |
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| 4th amendment protect doorway of house |
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| opening door to police exposes self to police |
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| deadly force can not be used to prevent escape of fleeing felon |
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| changed from subjective to objective element in excessive force, now a reasonable officer would he do the same? |
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| Kuha v city of Minnetonka |
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| is bite and hold excessive force? |
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| Atwater v city of lago vista |
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Definition
| custodial arrest reasonable for misdemeanor offenses |
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| hedgepeth v washington metro area transit |
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Definition
| custodial arrest of small girl for french fries after zero tolerance policy |
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