AND CORRECT DETAILED ANSWERS (VERIFIED ANSWERS)
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Custodial lineup timing - CORRECT ANSWER- May take place any time after a crime
has been committed.
Scope of Search Incident to Arrest - CORRECT ANSWER- A search incident to a
custodial arrest may include:a full search of the arrestee's personcontainers on
the arrestee's personthe nearby physical area that was under the immediate
control of the arrestee (sometimes referred to as "within arm's reach")
Fourth Amendment Protection - CORRECT ANSWER- Officers must have probable
cause and a warrent signed by a judge. Once a warrent is recived, officers can
only search in the specified locations described in the warrent.
Reasonable expectation of privacy - CORRECT ANSWER- can exist almost anytime and
anyplaceas long as:
Objective Reasonableness - CORRECT ANSWER- Whether society is prepared to
recognize an individual's expectation of privacy as reasonable
Probable cause to search - CORRECT ANSWER- Crime was committed or will be
committed, evidence exist, and located in the place to be searched.
,Custodial lineup - CORRECT ANSWER- Identification procedure in which the victim or
witness to a crime is asked to look at a number of individuals within a custodial
environment in an attempt to identify the suspect.
-individuals have indicated that they personally (subjectively) expect privacy in
the object or area,
-their expectation is one which society is prepared to recognize as legitimate
Subjective expectation of privacy - CORRECT ANSWER- is a person's state of mind
demonstrated by affirmative action designed to protect their privacy (e.g.,
building a fence, closing window shades, locking a compartment, etc.).
Curtilage - CORRECT ANSWER- Relatively small and usually well-defined area
immediately around a residence to which the private activities of the home
extend, and in which the owner has an expectation of privacy
Open fields - CORRECT ANSWER- Outdoor real property, outside the curtilage of the
residence
Over flights - CORRECT ANSWER- The flight of a plane or helicopter over a given area
Standing - CORRECT ANSWER- Exists only if a subject has a reasonable expectation of
privacy in the place or thing that is searched or seized. Generally established
, by:OwnershipLawful possession AuthorityControl of the area searched or the
property seized
The exclusionary rule - CORRECT ANSWER- If a court finds a search or seizure is not
reasonable and a persons fourth amendment rights have been violated by the
government all items seized during the search could be ruled inadmissible or
excluded as evidence at trial. *fruit of the poisonous tree
Probable cause to arrest - CORRECT ANSWER- Honest and strong belief that a crime
was committed and the person arrested committed that crime.
Nexus Rule - CORRECT ANSWER- Officers may seize items not listed in the warrant
when:the items are discovered while the officers are conducting a lawful search
for the listed evidence, andthey have probable cause to believe the item is
contraband, evidence of criminal behavior, or would otherwise aid in the
apprehension or conviction of the criminal. *reasonable connection or link
between two or more items.
Probable cause exception - CORRECT ANSWER- Warrantless vehicle search based on
probable cause that the vehicle contains contraband or evidence of a crime. Also
referred as the automobile exception or the vehicle exception.
For a search of a vehicle to be legal under the probable cause exception: - CORRECT
ANSWER- - the vehicle must have been lawfully stopped, or otherwise be lawfully
accessible