Exam 9: Search and Seizure: History, warrant Requirements, legislative Development and the Exclusionary Rule

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Evidence included in an affidavit supporting a finding of probable cause

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D

Sherry lost her home and was staying in Mark's home while she tried to get back on her feet.One night the entire household was awakened by a pounding on the door.It was the police and they came into the house and searched for drugs that they believed were there.Sherry was very angry at the police action and wants to challenge the search.Sherry can challenge the search because

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The Fourth Amendment does not apply to the use of pen registers and trap and trace devices because

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C

Evidence upon which a warrant is issued must be no more than a year old.

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Sandy has filed a motion with the court challenging the search done by local police.She is specifically challenging the search warrant claiming that Officer Sam included information he knew to beFalse in the affidavit.A hearing has been scheduled for this challenge in which the court will test the adequacy of the affidavit without theFalse information to see if probable cause exists.This is called a _______________ _________________.

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Please write a paragraph outlining the requirement for obtaining a warrant to search someone's home,papers,or effects.

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A warrant that is issued when a judge believes that probable cause will be present when a predictable event occurs is called an ______________________ ______________ ______________.

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The primary purpose of the Fourth Amendment is

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An individual's reasonable expectation of privacy is most rigorously protected in one's dwelling including a house,apartment,hotel rooms,or even a tent.

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The Foreign Intelligence Surveillance Act requires

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Judge Rogers regularly reviews requests for search warrants.As a way of balancing the budget,$20 is paid to the court's general fund for each warrant that is signed by Rogers or one of the other judges.Judge Rogers signed a warrant authorizing a search of Tammy's home and during the search cocaine was found.Tammy is challenging the search,arguing

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The Fourth Amendment protects citizens against

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A judge will be justified in signing a search warrant if the documentation convinces the judge that the request is supported by __________________ ___________________.

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Open fields have greater protection from searches under some state laws than under federal law.

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If a computer can legally be seized,password-protected files in its memory can be searched.

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The warrant requirement under the Fourth Amendment is designed to ensure there is a decision made by an impartial individual standing between law enforcement officials and private citizens.

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An item named in a search warrant can be seized anywhere it is found.

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An individual has a reasonable expectation of privacy in his/her own handwriting and as such law enforcement must obtain a warrant before requesting a handwriting sample from a suspect.

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The Fruit of the Poisonous Tree Doctrine says that once evidence is excluded by use of the Exclusionary Rule any evidence derived from that original tainted evidence cannot be used to convict at trial.

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What are the three justifications enumerated in Michigan v.Summers (1981)for detaining a person during a search of premises?

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