an investigatory stop must be justifiable by some objective manifested that the
person stopped is, or is about to be, engaged in criminal activity (Tier 2)
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US v. Cortes
,temp. investigative detention of someone short of an arrest
must be reasonable and able to articulate why you stopped them
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STOP
10 days- VOID after 10 days
must be at reasonable time
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How long to act on a search warrant?
72 hrs
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Under a warrant, how long to bring someone before judicial officer?
the person and the immediate area of the individual to prevent attack, escape,
obtaining fruits of the crime, destroying evidence
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, When a person is arrested, an officer may search.....
an inventory search can not be conducted for general rummaging in order to
discover incriminating evidence
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Florida v. Wells
There must be reasonable suspicion in order to stop a moving vehicle. The totality of
the circumstances must be addressed in these situations
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Brown v. State
search w/ a warrant
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There is no more PC required for a warrantless search than for a
basis of informants knowledge
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, 2nd Prong
Recent occupancy of vehicle is valid for a search if there is probable cause to believe
evidence of a crime exists (Thornton having drugs on his person warrants a search of
his vehicle).
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Thornton v U.S.
immediately apparent
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Contraband in someone's pockets has to be________ to the officer
Gross home was burglarized; 18 year old neighbor Elstad admitted to officer he was
there. Elstad was taken in for questioning. Oregon court concluded his initial
unconstitutionally obtained statement was inadmissible. *Always read Miranda before
questioning
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Oregon v. Elstad
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