POLS 3600 Lecture Notes - Lecture 99: Exclusionary Rule, Border Search Exception, Child Custody
6 Oct 2018
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Based upon affidavit from probable cause, warrantless searches, only specific predefined circumstances, scope varies dramatically, may or may not be based in probable causes. Search warrant exceptions: cars, consent, search incident to arrest, terry frisk, exigent circumstances, special needs. Car searches: vehicles are mobile, cars can be moved/lost/destroyed, diminished expectation of privacy, can determine probable cause on the spot without warrant, can establish from plain view, smell of weed or alcohol, k9 searches. What triggers car exception: plain view/smell, k9 alert, admission of contraband in vehicle, tip from informant. Consent: voluntarily waive 4th amend rights, do not have to inform people of right to refuse a consent request, have to have authority to consent and must not be coerced. Involves pat down for weapons: reasonable suspicion you"re engaged in criminal activity or armed/dangerous, also applies to vehicles, came from terry vs ohio.
