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Published byΠυθαγόρας Γεωργιάδης Modified over 6 years ago
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Understanding Law: Mr Thompson, APT Academy
Search and Seizure Understanding Law: Mr Thompson, APT Academy
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Federal Vs. State Law 4th Amendment:
PA Constitution Art I, Sec. 8 § 8. Security from searches and seizures. The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation subscribed to by the affiant. 4th Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable reaches and seizures, shall not be violated, and no Warrant 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.
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What are search and seizures?
A search is an intrusion into an area that in which: 1-A person has exhibited an actual (subjective) expectation of privacy and, 2-that the expectation is one that society is prepared to recognize as “reasonable.” A seizure is an interference with property, or, for an individual, when that individual reasonably does not feel free to leave
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Walter White The Officer should be able to search White’s RV without having to first obtain a warrant
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Is this Constitutional?
US Constitution Yes!
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