Description
- Constitutional Provisions - Federal and Arizona
- General Search and Seizure Principles
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- Actions Must be Justified at Inception
- Objective Text
- Collective Knowledge
- Burdens of Proof
- Least Intrusive Option
- Defendant`s Testimony at Suppression Hearing
- Participation of Federal or State Officers
- Preliminary Considerations -- Is the Fourth Amendment Applicable?
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- Expectation of Privacy (Standing)
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- Automobiles
- Houses/apartments/Doorways, Hallways and Driveways/Knock and Talks
- Hotels/Motels/Tents
- Jails
- Garbage, Lockers, and Items in Public Places
- Probation and Parole
- Mail and Packages
- Unmanned Surveillance Cameras
- Bank Records
- Foreign Searches
- Office Searches
- Computer Searches
- Transmitters on Vehicles, Boats and Airplanes
- Abandonment
- Was There a Search? -- General Rule
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- Things That Are Not a Search
- When a Search Occurs
- Not a Search (Consensual Encounters)
- Government Action
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- Stop or Arrest by Private Citizen
- Private Mail Carriers, Other Carriers and Airlines
- Schools
- Private Security Guards, Off-Duty Officers, Tribal Officers and Others
- Hospital Employees/Paramedics
- Hotel/Motel Employees
- Probation and Parole Officers
- Employer`s Search of Employees
- Foreign Searches
- Warrants
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- Arrest Warrants
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- Exigent Circumstances and Consent
- Presumption of Regularity
- Good Faith
- “Pretext“
- Third Party Entry and Media “Ride-Alongs“
- Method of Arrest by Officer by Virtue of Warrant
- Right of Officer to Break into Building
- Other Arrest Statutes
- Search Warrants
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- Affidavits and Procedures
- False, Misleading or Reckless Statements
- Informants
- Particularity Requirement
- Occupants
- Staleness
- Notice
- Anticipatory Search Warrants/Time for Execution and Return Generally
- Receipt for Property and Retention of Property
- Return of Warrant and Inventory/Restoration of Property
- DUI Search Warrants
- Nighttime Execution of Search Warrants
- Knock and Announce
- Good Faith
- Doctrine of Severability
- “Murder Scene“ Exception
- Third Party and Media Ride Along
- Wiretap Evidence
- Search by Magistrate
- Obtaining Physical Characteristics Under A.R.S. § 13-3905
- Exceptions to the Warrant Requirement (Warrantless Searches and Seizures)
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- Seizures (Stops, Detentions and Arrests)
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- Reasonable Suspicion to Stop and Detain
- Traffic Stops/Detentions
- Border Stops and Related Searches
- Detention of Packages or Mail
- Roadblocks
- Airport Detentions
- Arrest
- De Facto Arrest and What Constitutes Arrest (including Restraints)
- Statement or consent as Fruit of Illegal Stop, Detention or Arrest
- Frisks (Pat-Downs)
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- Plain View (and Plain Smell)
- Consent
- Vehicle Searches
- Exigent Circumstances
- Search Incident to Arrest
- Inventory Search
- Hotel and Motel Searches
- Prospective Sweeps
- Administrative Searches
- If There Is an Unlawful Search or Seizure (Exclusionary Rule)
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- General Rule
- Inevitable Discovery
- Independent Source
- Immunity from Prosecution
- Identity
- Suppression in Criminal Trial Only
- Dissipation of the Taint
- Statements or Consent as Fruit of Illegal Stop, Detention or Arrest
- Miranda Violation
- Admissibility at Criminal Trial of Evidence Seized in Violation of Fourth Amendment
- Appeal of Suppression Order
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- Defendant May Appeal Suppression Order
- State May Appeal Suppression Order
- Standards
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- Factual Findings and Motions to Suppress
- Reasonable Suspicion
- Probable Cause
- Warrants
- Preserving Argument/Waiver/Adequacy of Record
- Analyzing Search and Seizure Issues -- Step by Step
- Table of Authorities
Author
Assistant U.S. Attorney
United States Attorneys Office
Reviews
