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6 Cards in this Set

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  • Back

What is the most common kind of evidence in auto mobile accidents?


What amendment is this:

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 upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Fourth Amendment

Can you search with/without a warrant?

• Emergency circumstances•

Need to prevent immediate loss or destruction of evidence•

Search of person and property within immediate control of person made incident to lawful arrest• Search by consent of parties involved


Where do you get the search warrant from?

Supreme Court

(Mincey v. Arizona or Michigan v. Tyler)

Supreme Court dealt with the legality of a four-day searchat a homicide search, Undercoverpolice officer shot while attempting to purchase drugs and was overturned on appeal, because the search was declared illegal

Mincey v. Arizona

(Mincey v. Arizona or Michigan v. Tyler)

-Leasedbusiness destroyed by fire,

-Fire extinguished in early morning hours Buildingleft unattended, officials returned next morning-searched

-Searchedon day 4, 7 and 25

-Tylerconvicted, later reversed

-SupremeCourt upheld reversal

Michigan v. Tyler