UA CJ 100 - 4th Amendment cont. (3 pages)

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4th Amendment cont.



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CJ 100 MWF 9 9 50 Lecture 9 Outline of Current Lecture II 4th Amendment cont III Florida vs Jardines IV Terry vs Ohio V Motor Vehicle Exemption VI Fifth Amendment VII Grand Jury VIII Miranda Warnings Current Lecture 4th and 5th Amendments K 9 Searches Sniff by a police dog is NOT a search under the 4 th amendment US v Place 1983 Positive alerts by K 9 units are treated as a probable cause Florida v Jardines 2013 Is a K 9 unit sniff outside of the house a 4 th amendment search A search requires both probable cause and a search warrant Terry v Ohio based on reasonable suspicion and individual can receive a stop and frisk Terry stop is an example Motor Vehicle Exemption Allows the search of a motor vehicle without a search warrant still have to have probable cause Examples of probable cause sight or smell of contraband plain view plain smell Minor traffic violations are not probable cause These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Fifth Amendment Grand Jury Indictments Grand Jury decides whether the prosecution has enough evidence to bring a defendant to trial Used in all federal cases State has the choice Probable Cause indictment formal charging green light to proceed No probable cause no bill suspect not charged Grand Juries Prosecutor presents evidence against the suspect Advantageous for prosecution because 1 Proceedings are secretive only prosecutor and jury are present 2 Exclusionary rule does not apply to grand jury proceedings 3 Prosecutor can choose which evidence is presented to the jury Miranda Warnings Miranda vs Arizona 1966 protects Fifth Amendment rights of individuals against self incrimination Rights read AFTER a person has officially been taken into custody but before any interrogation takes place After one is put into a detention correction but before incriminating questions



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