1. Search and Seizure
Part II

2. Against what does the 4th Amendment protect?

3. 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

4. Define the Exclusionary Rule:

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

6. What are the exceptions to the Exclusionary Rule?

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

8. 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:

9. 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

10. 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

11. 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