Case Law: Fourth Amendment Search and Seizure

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Case LawFourth Amendment(Search and Seizure)
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I. Criminal Justice, Citizen Rights

• Steps in the Criminal Justice Process

- See p. 475-477 (especially Fig. 111-1)
- Federal government and state governments

• Rights of the Accused Are Citizen Rights

- Greater part of original Bill of Rights
- Also protected by constitutions of the states
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II. Searches and Seizures

• What Exactly Is to Be Secure?

- Notice what its language says
- Understood in terms of property, trespass

• From Olmstead v. U.S. to Katz v. U.S.

- Telephone as means of communication
- In Olmstead, why does Court rule for U.S.?
Was there a search or seizure?
- In Katz, why does Court rule for Katz?
New view of reasonable privacy
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III. Automobiles

• Same Citizen Expectation of Privacy?

• Carroll v. U.S. (1925)

• Cases and Case Law Since 1970s

- Table 10-1 (p. 501)

• Courts Reasons for Lower Level of Privacy

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IV. Warrants (and Exceptions)

• What Is a Warrant?

- Note also definition in Fourth Amendment

• Procedure for Obtaining a Warrant

- Police and judiciary involved
- What is probable cause?

• Illinois v. Gates, Informants, and Hearsay

• Kinds of Exceptions to Warrant Requirement

- See p. 494-500
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