Search and Seizure

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Search and Seizure
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I) Search and Seizure

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

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I) Search and Seizure

• A) 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."

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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

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B) The 4th doesnt give absolute right to privacy
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B) The 4th doesnt give absolute right to privacy

• 1) it only prohibits those that are unreasonable

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B) The 4th doesnt 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

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

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C) Exclusionary Rule
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C) Exclusionary Rule

• 1) if a search and seizure if found to be
  unreasonable, then the evidence collected cannot
  be used in the trial

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II) Searches with a Warrant

• A) Search warrant- a court order obtained from a
  judge to search a person or place

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B) How to obtain a warrant

• 1) police officer must appear in court to testify
  and show probable cause

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B) How to obtain a warrant

• 1) police officer must appear in court to testify
  and show probable cause
• 2) This sworn statement is known as an affidavit

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B) How to obtain a warrant

• 1) police officer must appear in court to testify
  and show probable cause
• 2) This sworn statement is known as an affidavit
• 3) The warrant will specifically describe the
  person/place to be searched, and what is to be
  seized

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B) How to obtain a warrant

• 1) police officer must appear in court to testify
  and show probable cause
• 2) This sworn statement is known as an affidavit
• 3) The warrant will specifically describe the
  person/place to be searched, and what is to be
  seized
• 4) There is a time limit to serving a warrant

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B) How to obtain a warrant

• 4) Cannot search everything at a location

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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.

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III) Searches w/out Warrants

• 1) Person who has lawfully been arrested

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III) Searches w/out Warrants

• 1) Person who has lawfully been arrested
• 2) Stop and frisk, suspicious behavior

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III) Searches w/out Warrants

• 1) Person who has lawfully been arrested
• 2) Stop and frisk, suspicious behavior
• 3) Consent, person say it is ok

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III) Searches w/out Warrants

• 1) Person who has lawfully been arrested
• 2) Stop and frisk, suspicious behavior
• 3) Consent, person say it is ok
• 4) Plain view, officer can see it

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III) Searches w/out Warrants

• 1) Person who has lawfully been arrested
• 2) Stop and frisk, suspicious behavior
• 3) Consent, person say it is ok
• 4) Plain view, officer can see it
• 5) Hot Pursuit, person running from cop

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III) Searches w/out Warrants

• 1) Person who has lawfully been arrested
• 2) Stop and frisk, suspicious behavior
• 3) Consent, person say it is ok
• 4) Plain view, officer can see it
• 5) Hot Pursuit, person running from cop
• 6) Vehicle searches, must have probable cause

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III) Searches w/out Warrants

• 7) Emergency situations, bomb in building

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III) Searches w/out Warrants

• 7) Emergency situations, bomb in building
• 8) Border and airport searches