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Reasonable expectation of privacy - THE CORRECT ANSWER-can exist
almost anytime and anyplaceas long as:
-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 - THE 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 - THE 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 - THE CORRECT ANSWER-Outdoor real property, outside
the curtilage of the residence
Over flights - THE CORRECT ANSWER-The flight of a plane or
helicopter over a given area
Standing - THE 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 - THE 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 - THE CORRECT ANSWER-Honest and strong
belief that a crime was committed and the person arrested
committed that crime.
Nexus Rule - THE 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 - THE 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: - THE CORRECT ANSWER-- the vehicle must have been
lawfully stopped, or otherwise be lawfully accessible
- the officers must have enough facts, knowledge, training, or
experience to provide probable cause that the item they are
seeking will be found inside the vehicle
Scope of Search of a vehicle - THE CORRECT ANSWER-Officers may
search any part of a motor vehicle or anything inside the vehicle
as long as what they are searching for might reasonably be
located there. This includes but not limited to: the passenger
compartments The glove compartment The hoodThe trunkAny
closed personal containers (including locked)
Vehicles code section 415 - THE CORRECT ANSWER-Self propelled. Ex:
automobilesAirplanesBusesRecreational vehiclesCarts.....
Motor homes - THE CORRECT ANSWER-Considered motor vehicle
when it is being used on a highway or if it is capable of such use
and is located in a place not regularly used for residential
purposes.
Time of search for vehicles - THE CORRECT ANSWER-Does not have to
happen contemporaneously with the vehicle stop. Could occur
later if the vehicle is being towed or impounded.