4th Amendment - Answer -the right of the people to be secured in their persons, houses, papers and
effects against unreasonable search and seizures.
May a state Court give less protection to individual liberties than required by Federal Courts? - Answer -
No it's the beginning
May a state Court give greater protection? - Answer -Yes
14th Amendment - Answer -Nor shall any state deprive any person of life, liberty, or property without
due process of law
article 1 section 7 - Answer -talks about search warrants
who has the authority to issue a warrant? - Answer -A magistrate
who is a magistrate? - Answer -Any type of Judge
grounds for search warrant - Answer -where property was stolen or embezzled, where the property was
used as the means of committing a felony, where property was in possession of any person w/ the
intent use it for means of committing a public offense.
, When can a search warrant be issued? - Answer -Probable Cause
if probable Cause exists what you need for search warrant? - Answer -sign, date, time and deliver
a magistrate may base a finding of PC oh hearsay evidence in whole or in part - Answer -Out of court
statement used to try to prove something in court.
Totality of Circumstances - Answer -complete picture/ looking at everything
What does the magistrate have to write on the search warrant? - Answer -hour, date, name of officer to
whom the search warrant was delivered.
how many copies do you need for a warrant? - Answer -3 one to judge, one to defendant, one for court
how long until the search warrant is void - Answer -5 days
how many time may you enter on a search warrant? - Answer -once
three reasons for the knock and announce rule - Answer -it provides protection from violance, protects
the privacy interests of the home, protects the needless destruction of private property
knock and announce exigent circumstances - Answer -destruction of evidence, officer/innocent person
safety, useless jester (hot pursuit)
Definition of a strip search. - Answer -to remove or arrange some or all of the persons clothing to permit
visual inspection
body cavity search - Answer -inspection, probing or examination inside for the purpose of determining if
the person is cancelling evidence or contraband. has to have search warrant and done by medical
professionals w/ written consent form
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