Search and Seizure

I) Search and Seizure

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

I) Search and SeizureA) The 4th 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 4th amendment outlines the rules governing search and seizure 1) (Insert 4th amendment here) 2) The language is simple, allowing

for the courts to make case by case decisions

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

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

1) it only prohibits those that are “unreasonable”

B) The 4th 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 4th 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 warrant3) In general, searches w/o a warrant are unreasonable

C) Exclusionary Rule

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 cause2) 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 cause2) This sworn statement is known as an affidavit3) 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 cause2) This sworn statement is known as an affidavit3) The warrant will specifically describe the person/place to be searched, and what is to be seized4) 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 arrested2) Stop and frisk, suspicious behavior

III) Searches w/out Warrants

1) Person who has lawfully been arrested2) Stop and frisk, suspicious behavior3) Consent, person say it is ok

III) Searches w/out Warrants

1) Person who has lawfully been arrested2) Stop and frisk, suspicious behavior3) Consent, person say it is ok4) Plain view, officer can see it

III) Searches w/out Warrants

1) Person who has lawfully been arrested2) Stop and frisk, suspicious behavior3) Consent, person say it is ok4) Plain view, officer can see it5) Hot Pursuit, person running from cop

III) Searches w/out Warrants

1) Person who has lawfully been arrested2) Stop and frisk, suspicious behavior3) Consent, person say it is ok4) Plain view, officer can see it5) Hot Pursuit, person running from cop6) 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 building8) Border and airport searches