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Things Subject to Search and Seizure
Chapter 5
: Searches:
Table Of Contents
Chapter 5
: Searches:
Things Subject to Search and Seizure
General Rule
Probable Cause
Presumptions
Remedy for Violations; The Exclusionary Rule
The Fourth Amendment
The Fruit of the Poisonous Tree
Exceptions:
Private Persons
The Good Faith Exception
The Taint has been Attenuated
Statutory Only Violations
Doctrine of Inevitable Discovery
An Injured Person
Evidence of identity
Impeachment Evidence
Standing:
Defined
Reasonable Expectation of Privacy
Test
Prior California Rule
Rules for Determining Standing:
Burden of Proof
Factors to Consider
On Appeal
Standing; Examples:
Vehicles
Visitors
Personal Property
Outside Common Areas
Businesses
Renters with a Stolen Credit Card
Exposure to Public View
Disclaiming Standing
Reasonableness
Old Rule
New Rule
Whren v. United States
Limitations on
Whren
Racial Profiling
Fourth Amendment vs. Fifth Amendment Issues
Posse Comitatus; Use of the Military by Civilian Law Enforcement:
The Act
Purpose
Case Law
Sanctions for Violations
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