Search and Seizure Part II.

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Presentation transcript:

Search and Seizure Part II

Against what does the 4th Amendment protect?

We have the right to privacy in our homes Police need a warrant to search your home. Warrants list: Specific items to be searched/ seized The place to be searched The evidence already supporting probable cause

Define the Exclusionary Rule:

Exclusionary Rule: (Mapp) What could be a side-effect of the Exclusionary Rule? Exclusionary Rule: (Mapp)

What are the exceptions to the Exclusionary Rule?

EXCEPTIONS: In plain view Incident to arrest/ Crime in progress Vehicles School searches EXCEPTIONS:

In plain view: They can look through an open window They can look through a car window When legally in your home or business, they can see evidence on the counter/ floor/ table/ open trash bin…. In plain view:

Incident to arrest/ Crime in progress Officers can search people and areas for weapons when an arrest is made Officers can seize people in public places if they believe (PC!) a crime is in progress (ie: you are holding the stolen item in the parking lot of the store OR you are fleeing from the police…) Incident to arrest/ Crime in progress

Vehicles Stop must be legal– have RS or more Crime in progress- speeding, ran a light… They can look through a car window (IPV) They can converse with the driver/ passengers Need PC that the car or the people are involved in a crime to search further Vehicles

School searches They can look through a locker They can look through your book bag or purse They can do drug testing for athletes School searches