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318601
Search?
Description
Criminal Procedure - 4th Amendment - Is it a search?
No tags specified
law
law school - 2l
law
law school - 2l
Mind Map by
Ruh
, updated more than 1 year ago
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Created by
Ruh
about 11 years ago
17
0
0
Resource summary
Search?
Annotations:
1. Privacy? 2. Reasonable? OR 3. Trespass? Could label this as "seizure?" as well
No
Annotations:
-OPEN FIELDS -PLAIN VIEW -PLAIN SMELL
Yes
Annotations:
-home -curtilage -workplace -luggage (Totality of the Circumstances test)
Reasonable?
Was there probable cause?
No
Is there a PC exception?
Annotations:
-Search of a person incident to a lawful arrest (limited exception)
Search Incident to arrest?
Annotations:
-Safety -Evidence
Inventory
Stop & Frisk (Terry Search)
Annotations:
ONLY COMES INTO PLAY IF THERE IS NO PROBABLE CAUSE
Yes
Do we need/have a warrant?
Annotations:
(preference)
Valid?
No
Warrant Exception?
Annotations:
-Arrest in a public place -Exigent Circumstances ->hospitalization -Search incident to arrest could be over here too -Automobile exception
Search incident to arrest?
Annotations:
--Safety of office Preservation of evidence
Scope?
Annotations:
Rabinowitz
Exigent circumstances
automobile exception
Exception: On curtilage
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