CRIM PRO I. ARREST, SEARCH AND SEIZURE

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CRIM PRO I. ARREST, SEARCH AND SEIZURE by Mind Map: CRIM PRO I. ARREST, SEARCH AND SEIZURE

1. REMEDY

2. COMPLIANCE

2.1. Requirements for a valid warrant

2.2. Execution of a warrant

2.3. Exceptions to warrant requirements

2.3.1. Automobiles

2.3.1.1. warrantless

2.3.1.1.1. Plain View

2.3.1.1.2. search incident to an arrest

2.3.1.1.3. hot pursuit

2.3.1.1.4. reasonable suspicion

2.3.1.1.5. routine inventory search

2.3.1.1.6. border crossing

2.3.1.1.7. consent

2.3.1.2. automobile exception

2.3.1.2.1. probable cause

2.3.2. Stop and Frisk

2.3.2.1. Limited Seizure/Detention

2.3.2.2. Reasonable suspicion

2.3.2.3. Totality of the circumstances

2.3.2.4. Temporary detention of a motorist for violation of traffic law is not 4th Amend violation

2.3.2.5. pat downs of outer clothing permitted

2.3.2.6. limits on time place and investigative method

2.3.2.7. Border searches and highway stops

2.3.2.8. Fixed internal checkpoints

3. APPLICABILITY

3.1. Fourth Amendment

3.1.1. text

3.1.1.1. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue but on probable cause supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.

3.1.2. Applicable to the States.

3.1.2.1. federal exclusionary rule, which bars the admission into evidence of all material seized in violation of the Fourth Amendment, is applicable to the states.

3.1.3. Government Action.

3.1.3.1. the exclusionary rule does not prevent the introduction of evidence obtained by illegal searches by private persons

3.1.4. Extraterritorial Searches and Seizures

3.1.4.1. Fourth Amendment protections against arbitrary government action extend only to U.S. citizens at home or abroad and to aliens who have developed substantial connections with the United States

3.2. What Constitutes an Arrest or Seizure

3.2.1. deprived of freedom of movement for the purpose of commencing a criminal action against him.

3.2.2. It is possible for a suspect to be seized without being arrested.

3.2.2.1. a person is not "seized" unless a reasonable person would believe that he was not free to leave.

3.3. What Constitutes a Search

3.4. Standing