Search & Seizure

Question : Privacy vs. Need for Law and Order

Background: The 4 th Amendment protects our right to privacy. However, it does not ban ALL search and seizures...only the unreasonable ones Police either need a search warrant OR have a very good reason for not having one.

Execution: How do the police get a warrant?  They need to convince a judge that there is probable cause.  The warrant must state where the police may make their search and exactly what they are looking for.

Exception: When are search warrants not needed? Consent Hot pursuit Emergency Stop & frisk Plain view Moving vehicle Search during arrest

Exclusionary Rule: What happens if police conduct an unreasonable search and seizure? The evidence taken will not be used in a person’s trial.