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10-22 Notes Fourth-Fifth Amendment

10-22 Notes Fourth-Fifth Amendment - I Fourth Amendment...

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I. Fourth Amendment – search and seizure of evidence a. What is a search? – any violation of a person’s expectation or privacy i. What is a seizure? – exercise of control by a police officer ii. What is an unreasonable search? – a search and seizure is fine as long as its reasonable – term is determined by the facts of the individual case iii. To be a reasonable search: 1. Need warrant or: 2. Is an exception of the warrant clause b. Warrant of Exception i. Warrant 1. Probable cause 2. Describes place to be searched and what is to be seized 3. Issued by a neutral magistrate 4. Good faith exception (United States vs. Leon: evidence obtained when exercising an invalid search warrant is still admissible if officers are acting in good faith) a. When police are serving a bad warrant that they believe to be a good warrant then if it is in good faith then the evidence can be used ii. Exceptions 1. Emergency situations (Warder vs. Hayden) 2. Incident to an arrest (Chimel vs. California) – allows search of person and anything within the offenders grabbing area a. Pursuit 3. Plain View – if an officer is legally in a place where they are allowed to be, then the search is good a. Arizona vs. Hicks – officer moved stereo equipment to
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