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Supreme Court Case Presentation By Nicholas Childers
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Search and Seizure Looking through personal property to find evidence of a crime or tort.
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Wolf v. Colorado Julius Wolf (the “petitioner”) was convicted by a State court of conspiring to commit abortions based upon evidence allegedly obtained in violation of the Fourth Amendment’s search and seizure clause.
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Wolf v. Colorado Decision Majority Opinion Any evidence found in violation of the 4 th Amendment was not usable in the court. Exclusionary Rule- any evidence found by violating your constitutional right is excluded and any evidence it leads to is also excluded -the fruit of the poisonous tree
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Wolf v. Colorado “the Weeks exclusionary rule is a federal court construct that is not found implicitly in the Fourth Amendment of the Constitution nor is a law promulgated by Congress.”
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New Jersey v. TLO The Vice-principal of the school searched a student and found evidence that she was dealing Marijuana. VP caught two students smoking and searched one of them and found cigarette paper, Marijuana, a pipe, many one dollar bills, and a list of people who owed her money.
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New Jersey v. TLO Decision Majority Opinion 4 th Amendment right was not violated School officials do not need a warrant to search students within their authority.
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New Jersey v. TLO “The majority observed “[i]t is now beyond dispute that “the Federal Constitution, by virtue of the Fourteenth Amendment, prohibits unreasonable searches and seizures by state officers… but does not need a warrant to search a student under their authority”
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Citation Page http://www.casebriefs.com/blog/law/criminal -procedure/criminal-procedure-keyed-to- saltzburg/searches-and-seizures-of-persons- and-things/wolf-v-colorado-3/ http://www.casebriefs.com/blog/law/criminal -procedure/criminal-procedure-keyed-to- saltzburg/searches-and-seizures-of-persons- and-things/wolf-v-colorado-3/ http://www.casebriefs.com/blog/law/criminal -procedure/criminal-procedure-keyed-to- weinreb/the-fourth-amendment-arrest-and- search-and-seizure/new-jersey-v-tlo/
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