Basic Criminal Procedure |
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Page 118
... magistrate , and we will use that term here generically to refer to any judicial officer who issues a warrant . The following section describes the procedural prerequisites for obtaining a valid search warrant . A. NEUTRAL AND DETACHED ...
... magistrate , and we will use that term here generically to refer to any judicial officer who issues a warrant . The following section describes the procedural prerequisites for obtaining a valid search warrant . A. NEUTRAL AND DETACHED ...
Page 339
... magistrate , and not the law enforcement officer , who is in error . It is the magistrate's responsibility to determine whether probable cause exists . As the Court put it : " Penalizing the officer for the magistrate's error , rather ...
... magistrate , and not the law enforcement officer , who is in error . It is the magistrate's responsibility to determine whether probable cause exists . As the Court put it : " Penalizing the officer for the magistrate's error , rather ...
Page 341
... magistrate . The presumption in Leon is that officers can be deterred by operation of the exclusionary rule , though magistrates cannot . See Dolliver v . State , 598 N.E.2d 525 ( Ind . 1992 ) ( no good faith exception where the ...
... magistrate . The presumption in Leon is that officers can be deterred by operation of the exclusionary rule , though magistrates cannot . See Dolliver v . State , 598 N.E.2d 525 ( Ind . 1992 ) ( no good faith exception where the ...
Contents
CAPSULE SUMMARY | 1 |
V | 4 |
Exceptions to the General Fourth Amendment Requirements of Probable Cause and | 12 |
Copyright | |
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Other editions - View all
Basic Criminal Procedure Stephen A. Saltzburg,Daniel J. Capra,Angela J. Davis No preview available - 2005 |
Basic Criminal Procedure Stephen A. Saltzburg,Daniel J. Capra,Angela J. Davis No preview available - 2017 |
Common terms and phrases
Aguilar-Spinelli apply argued cause to believe citizen clause conducted confession consent consent search constitutional Court concluded Court found Court held Court noted Court reasoned crime criminal activity custodial defendant defendant's detention determine Dissent doctrine drug Due Process example excluded exclusionary rule exigent circumstances expectation of privacy fact factors Federal Fourth Amendment frisk Government grab area identification illegal search incriminating inspection interrogation intrusion inventory search investigation invoked Justice justified Katz law enforcement limited magistrate Miranda rights Miranda warnings obtain a warrant officer's package person plain view plain view doctrine police officers premises privacy interest probable cause pursuant question Rationale reasonable suspicion relevant right to counsel risk S.Ct scope search or seizure search warrant searches and seizures seized Sixth Amendment Sixth Amendment right statement stop supra Supreme Court suspect suspicionless Terry Terry stop testimony third party trial United violation voluntary waiver warrant requirement witness