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1. Police powers require what 3 things? (Foley v. Connelie): 1. Discretion
2. Fairness
3. Within the law
2. What are the 4 consequences of unlawful searches or seizures?: 1.
Suppression of evidence
2. Police discipline
3. Civil lawsuits
4. Criminal prosecution
3. What are the sources of legal authority that define police's power
to search and seize?: -US Constitution
-PA Constitution
-Case law
-Statutes
-Rules of Crim Pro
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,4. What does the 4th Amendment state?: The right of the people to be secure in
their persons, houses, papers, and effects against unreasonable searches and seizures shall not be
violated, and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the person or thing to be seized.
5. Which caselaw trumps the other?: Federal case law trumps state case laws
6. What 4 areas are protected under the 4th amendment?: 1. Persons
2. Houses
3. Papers
4. Effects
7. "Persons" protected under the 4th amendment are also
covered in what other areas?: -clothes worn
-bags held
-hair
-breath
-saliva
8. "Houses" protected under the 4th amendment apply to what
else?: -home
-curtilage
-hotel or motel room
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, -apartment
-overnight guests
-voice recorded in home by police
9. What is not protected under "HOUSES"?: -Abandoned property
-Squatter property
-Common area shared in apartment buildings, hotels or motels
10. What is the proximity of area around the home and the area
included within an enclosure surrounding the home?: Curtilage
11. What "PAPERS" are not protected?:
Sent emails Chat room communications
12. "PAPERS" covers what types of documents?: -Documents owned
-Bank records held by bank
-Telephone records held by the company
-Medical records held by doctors
13. "EFFECTS" covers what types of belongings?: -Bags
-Automobiles
-Private workspace
-Public bathrooms
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