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Published byAshlyn Harrell Modified over 8 years ago
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Review
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Standards of Proof Mere suspicion
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Standards of Proof Reasonable suspicion
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Standards of Proof Probable cause
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Standards of Proof Preponderance of evidence
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Standards of Proof Clear and convincing evidence
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Standards of Proof Proof beyond a reasonable doubt
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Standards of Proof Absolute certainty
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Probable Cause For an arrest to occur need……
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Probable Cause Tangible evidence that a crime has been committed
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Probable Cause Belief that the person arrested committed the crime….
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Probable Cause based on what a reasonable person would believe
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Probable cause for a legal search Specific objects are connected with criminal activity
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Objects will be found in the place searched Probable cause for a
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Objects will be found in the place searched Probable cause for a
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Based on what a reasonable person would believe Probable cause for a
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Chapter 4 Exclusionary Rule
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no unreasonable searches or seizures th Amendment
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General Rule All relevant evidence is admissible.
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Exceptions Prejudicial Confusing Redundant Exclusionary Rule
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To deter the police... Exclusionary Rule
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from violating people’s Fourth Amendment rights Exclusionary Rule
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Applies Criminal Trials Prove Guilt
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Exceptions to the Exception” Good Faith Judge Court Employee
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More Exceptions Inevitable Discovery Purged Tainted Independent Source
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Time Out! Just suppose….
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You’re driving home from tonight’s class from the college
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Just suppose…. Police have set up a DUI checkpoint between the school and the main highway
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Just suppose…. As you approach the checkpoint, an officer directs you to pull over
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Just suppose…. He then orders you out of your car and asks if you “mind” him searching your vehicle?
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Just suppose…. Do you have the right to say no? How comfortable would you be refusing the search?
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Just suppose…. You object to the search. He searches anyway
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Just suppose…. He finds a cell phone that is reported stolen.
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Just suppose…. Admissible?
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Just suppose….
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