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Published byEllen Chambers Modified over 9 years ago
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Search & Seizure
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Question : Privacy vs. Need for Law and Order
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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.
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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.
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Exception: When are search warrants not needed? Consent Hot pursuit Emergency Stop & frisk Plain view Moving vehicle Search during arrest
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Exclusionary Rule: What happens if police conduct an unreasonable search and seizure? The evidence taken will not be used in a person’s trial.
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