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Search and Seizure: Permissible Blocks and 4th Amendment Exceptions, Exams of Nursing

Harvard UniversityNursing

An overview of permissible blocks and exceptions to the fourth amendment, focusing on search and seizure laws. It covers topics such as the plain view doctrine, open fields doctrine, abandonment, electronic surveillance, and searches incident to arrest (sita). The document also includes case references like horton v. U.s., katz v. U.s., and arizona v. Gant, offering insights into legal standards and court interpretations. It is useful for students studying criminal law, constitutional law, or law enforcement procedures, providing a structured review of key concepts and legal precedents related to search and seizure.

Typology: Exams

2024/2025

Available from 07/12/2025

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Louisiana POST - Permissible Block
1. states that articles that are inside the sight of an deputy the one is legally in a place from what or which place the
view is fashioned concede possibility correctly contract outside a
warrant---because aforementioned items are soon apparent as liable to be subjected taking.
ANS "plain view" opinion
2. a. deputy must have win knowledge of the item alone by sight
b. deputy must affiliate with organization that material position constitutionally
c. it must be directly obvious that it is a seizable article.
ANS Requirements of the Plain view Opinion
3. the 4th Correction does not stop the warrant-less capture of evidence in plain view, in spite of the finding of the
evidence was not accidental.-
ANS Horton v U.S. state
4. refers to instances when the officer is out in gap above something (in the way that place where stocks are
bought) but sees an article inside an encircled extent
ANS open view
5. not shielded by the 4th Correction's guarantee against arbitrary searches and seizures, so they can correctly pass
away by an deputy outside a flagrant or credible cause.
ANS Articles in open fields
6. areas not contained honestly Fields Principle
ANS houses, apartments, lodging rooms, garden of building
7. the field at which point extends the intimate endeavor guide the spirituality of a brother's home and the solitude
of growth
ANS yard
8. a. the closeness of the area to the home
b. either the field is in a courtyard encircling the home
c. the character and uses of the extent
d. the steps captured to hide the area from public view
ANS test to decide what is yard
9. Under the the seizable possessions is not in a construction
ANS Open Fields Opinion
10. Under the the seizable articles are in a construction and grant permission be seized, nevertheless, entrance into
the form to grab the parts demands consent, a summons, or difficult dowry
ANS Plain View Doctrine
11. a place that has a situated "no trespassing" sign, has a secured port (accompanying a pathway about it), and is
situated as well a 5 from the owner's apartment has no intelligent anticipation of solitude and is thought-out a
open field, defenseless for one 4th Improvement.
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Louisiana POST - Permissible Block

  1. states that articles that are inside the sight of an deputy the one is legally in a place from what or which place the view is fashioned concede possibility correctly contract outside a warrant---because aforementioned items are soon apparent as liable to be subjected taking. ANS "plain view" opinion
  2. a. deputy must have win knowledge of the item alone by sight b. deputy must affiliate with organization that material position constitutionally c. it must be directly obvious that it is a seizable article. ANS Requirements of the Plain view Opinion
  3. the 4th Correction does not stop the warrant-less capture of evidence in plain view, in spite of the finding of the evidence was not accidental.- ANS Horton v U.S. state
  4. refers to instances when the officer is out in gap above something (in the way that place where stocks are bought) but sees an article inside an encircled extent ANS open view
  5. not shielded by the 4th Correction's guarantee against arbitrary searches and seizures, so they can correctly pass away by an deputy outside a flagrant or credible cause. ANS Articles in open fields
  6. areas not contained honestly Fields Principle ANS houses, apartments, lodging rooms, garden of building
  7. the field at which point extends the intimate endeavor guide the spirituality of a brother's home and the solitude of growth ANS yard
  8. a. the closeness of the area to the home b. either the field is in a courtyard encircling the home c. the character and uses of the extent d. the steps captured to hide the area from public view ANS test to decide what is yard
  9. Under the the seizable possessions is not in a construction ANS Open Fields Opinion
  10. Under the the seizable articles are in a construction and grant permission be seized, nevertheless, entrance into the form to grab the parts demands consent, a summons, or difficult dowry ANS Plain View Doctrine
  11. a place that has a situated "no trespassing" sign, has a secured port (accompanying a pathway about it), and is situated as well a 5 from the owner's apartment has no intelligent anticipation of solitude and is thought-out a open field, defenseless for one 4th Improvement.

ANS Oliver v US

  1. giving up of a aspect or part certainly, outside restraint concerning some equilibrium- ticular person or purpose. means giving in ownership, takeover, or some tolerable belief of solitude. ANS abandonment
  2. place the feature is abandoned and the resolute to abandon the feature ANS directions in deciding abdication
  3. the use of electronic tools to monitor one's actions or region ANS - photoelectric following
  4. wiretaps acted defile the 4th Amendment if Tolerable Belief of Solitude is defiled ANS Katz v US
  5. can only tap accompanying writ of consent by individual of two together parties ANS - General Standard (Compilation Misdemeanor Control)
  6. improved all earlier societies over the matter and supplements the supplyings of Title III. It set for the specific processes for photoelectric pen registers an decoders in addition to arbitrary particular processes for gettv communi- cations records and duties ANS Electronic Route & Solitude Act
  7. only record numbers dialed not the ideas itself ANS pen registers
  8. path society. restricted sensible anticipation of privacy while migrating on a public artery. Catch a warrant when recognizing individual on a jeep. ANS photoelectric beepers
  9. restricted reasonable belief of solitude to what the cameras are pho- tographing on a public parking lot ANS cameras
  10. the landowner of owner has deserted ownership of part, the confiscated item concede possibility be illegitimate or permissible, and the finding of article can be through the senses of sight, touch, trial, smell, or taste ANS abdication
  11. the owner or owner has not deserted ownership of the part, the confiscated part must be criminal., and finding of item must be through the sense of sight. ANS plain view
  12. Taking ANS This term under the 4th correction maybe delimited as the excercise of authority or control for one administration over bodies or things by way of a defilement of society.
  13. Contraband Products of the evil Instrumentalities of the corruption Absolute evidence ANS These four parts may be contingent on a search and capture.
  14. Assertion of presumed cause Upholding promise or assertion Writing of the place to be investigated and belongings to contract Sign of the bailiff ANS Necessary pieces of a summons.
  15. Extravagant, subject to restricted irregularities ANS Search and capture outside a warrant is essentially
  16. Deputy security

ANS For section to eliminate evidence a administration interest must far outweigh the level of interruption into the things rights

  1. Excellent ANS These types of memos and bundle are completely shielded under the 4th correction
  2. Detained Deflected ANS A bunch maybe / for a sane occasion just before a warrant is got
  3. Controlled ANS An exception to managerial searches are carefully trade- es
  4. Family physician ANS Per US v Reliance a summons is wanted to attribute
  5. Uphold ANS Most lower courts lawman drug experiment tactics
  6. 4th correction ANS Searches by private men are not controlled apiece
  7. Administration ANS 4th amendment only applies to searches and seizures by
  8. Expectant ANS Warrant acquired established feasible cause and on an irregularity that seizable parts will be a regular customer of the place
  9. Contemporaneous ANS Method that search must happen concurrently with an activity of, or approximately as long as and place to, the arrest
  10. No knock ANS These searches mainly happen when proclamation would present a forceful threat of intensity or hazard to the deputy
  11. Brinegar ANS Case had connection with plausible cause
  12. Practical anticipation of solitude ANS Degree of solitude that labels one's civil liberties expected shielded from administration interruption in private or public places
  13. US v Katz ANS Superior case in moderate anticipation of solitude
  14. Coolidge v New Hampshire ANS Case ANS State's chief analyst and agent is not noncommittal and disconnected, so any warrant circulated by him or her is not right
  15. Maryland v Fort ANS Case ANS The genuineness of a warrant must be deduced taking everything in mind the facts usable to the officers event they acquired the warrant.
  16. U.s. state v Gant ANS Case ANS Lawman can only search the arrestee's bicycle subse- quent to hit arrest, when it wash that the arrestee

commit access atomic weapon or demolish evidence of welcome arrest, held inside the instrument

  1. US v A habit of activity ANS Case ANS Putting a Family physician device on a suspect's bus and listening the instrument demands a summons
  2. US v Robinson ANS Case had connection with frame search
  3. Chimel v U.S. state ANS Case related to "region of next control" search
  4. SITA Thorough protecting arrest ANS Necessary for corpse search
  5. Real ANS Summons required for excellent mail. (T/F)
  6. The purpose of the fashionable rule is? ANS Check Lawman Misbehavior
  7. The fashionable rule addresses evidence got for one , and not by ANS Government, Inhabitants
  8. The restricted rule can only be secondhand in cases and not in cases. ANS Criminal, Kind
  9. The exclusive rule is a and not a ; It hopeful tried in courts through a Pre-Trail Motion to ANS Remedy, Right, Restrain
  10. Weeks v. U.S. ANS Constable select the exclusive rule
  11. takes continuously the blanket search of a automobile contingent arrest and admits search only when subject is still a danger to officers and a search of the instrument is in consideration of acquiring evidence for that the customer is jailed ANS Ari- zona v. Gant
  12. A process that granted evidence expected submitted in General Court (by general police) in spite of it was unjustly confiscated by state police officers executives ANS Silver Plate Opinion
  13. When would a advocate try to expel your evidence ANS Pre-trial motions to restrain
  14. Only the individual whose Correction rights have existed violated can enforce this rule ANS 4th
  15. Crop of the Harmful Sapling ANS Before the Basic evidence is proved to have happened unlawfully got, some subordinate or derivative evidence arisen it is more irrelevant.
  16. Product of the Harmful Tree ANS The unjustly acquired evidence is thought-out Spoiled>
  17. What are the 4 irregularities to the Posh rule? ANS Honest intentions Certain finding Purged Taint Independent Beginning
  18. Note different conduct that leads him or her fairly in the end, in the light of welcome or her occurrence, that
  1. Singular Substantiated ANS Officer security and the security of possible choice is the restricted purpose of the search; aim, the deputy is only in a check for armaments
  2. Properly confiscated ANS All the while a cavort, an object that feels like atomic weapon grant permission be
  3. Fingerprints photographs lineups labeling and added types of evi- dence ANS Sta