Search and Seizure

I) Search and Seizure A) The 4 th amendment outlines the rules governing search and seizure

I) Search and Seizure A) The 4 th amendment outlines the rules governing search and seizure "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

I) Search and Seizure A) The 4 th amendment outlines the rules governing search and seizure 1) (Insert 4 th amendment here) 2) The language is simple, allowing for the courts to make case by case decisions

B) The 4 th doesn’t give absolute right to privacy

1) it only prohibits those that are “unreasonable”

B) The 4 th doesn’t give absolute right to privacy 1) it only prohibits those that are “unreasonable” 2) Courts will look at the facts and circumstances before authorizing a warrant

B) The 4 th doesn’t give absolute right to privacy 1) it only prohibits those that are “unreasonable” 2) Courts will look at the facts and circumstances before authorizing a warrant 3) In general, searches w/o a warrant are unreasonable

C) Exclusionary Rule

1) if a search and seizure if found to be unreasonable, then the evidence collected cannot be used in the trial

II) Searches with a Warrant A) Search warrant- a court order obtained from a judge to search a person or place

B) How to obtain a warrant 1) police officer must appear in court to testify and show probable cause

B) How to obtain a warrant 1) police officer must appear in court to testify and show probable cause 2) This sworn statement is known as an affidavit

B) How to obtain a warrant 1) police officer must appear in court to testify and show probable cause 2) This sworn statement is known as an affidavit 3) The warrant will specifically describe the person/place to be searched, and what is to be seized

B) How to obtain a warrant 1) police officer must appear in court to testify and show probable cause 2) This sworn statement is known as an affidavit 3) The warrant will specifically describe the person/place to be searched, and what is to be seized 4) There is a time limit to serving a warrant

B) How to obtain a warrant 4) Cannot search everything at a location

B) How to obtain a warrant 4) Cannot search everything at a location A. example- warrant for stolen Televisions, cannot look in envelopes for them.

III) Searches w/out Warrants 1) Person who has lawfully been arrested

III) Searches w/out Warrants 1) Person who has lawfully been arrested 2) Stop and frisk, suspicious behavior

III) Searches w/out Warrants 1) Person who has lawfully been arrested 2) Stop and frisk, suspicious behavior 3) Consent, person say it is ok

III) Searches w/out Warrants 1) Person who has lawfully been arrested 2) Stop and frisk, suspicious behavior 3) Consent, person say it is ok 4) Plain view, officer can see it

III) Searches w/out Warrants 1) Person who has lawfully been arrested 2) Stop and frisk, suspicious behavior 3) Consent, person say it is ok 4) Plain view, officer can see it 5) Hot Pursuit, person running from cop

III) Searches w/out Warrants 1) Person who has lawfully been arrested 2) Stop and frisk, suspicious behavior 3) Consent, person say it is ok 4) Plain view, officer can see it 5) Hot Pursuit, person running from cop 6) Vehicle searches, must have probable cause

III) Searches w/out Warrants 7) Emergency situations, bomb in building

III) Searches w/out Warrants 7) Emergency situations, bomb in building 8) Border and airport searches