Crim Pro Outline

Crim Pro Outline - Crim Pro. 8/24/09 349-379 The Fourth...

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Crim Pro. 8/24/09 349-379 The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures . It was ratified as a response to the abuse of the writ of assistance , which is a type of general search warrant , in the American Revolution . The amendment specifically requires search and arrest warrants be judicially sanctioned and supported by probable cause . Search and arrest should be limited in scope according to specific information supplied to the issuing court , usually by a law enforcement officer , who has sworn by it . "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. Fourth Amendment Analysis – Trimming the Fuzzy Muff Textual Overview Right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. No warrants shall issue, except those supported by probable cause, describing the circumstances of the search particularly. This has been interpreted to mean: Searches Most searches are violative of 4 th amendment unless made pursuant to a warrant, supported by probable cause. Some searches are allowed without a warrant. These searches must be either made pursuant to exigent circumstances, or they must be limited searches, such as Terry stops Seizures Most seizures are violative if they are made without a search or arrest
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warrant. Some seizures are otherwise reasonable. Warrants Warrants are usually required. They must be supported by probable cause, and must be particular. Some warrants that are not supported by probable cause will not render evidence excludable, if the police acted in good faith reliance. The 4th amendment can only be violated by an government agent and not by an citizen who does not work for the government. KATZ V. UNITED STATES: Facts of the Case:  Acting on a suspicion that Katz was transmitting gambling information over the phone to clients in other states, Federal agents attached an eavesdropping device to the outside of a public phone booth used by Katz. Based on recordings of his end of the conversations, Katz was convicted under an eight-count indictment for the illegal transmission of wagering information from Los Angeles to Boston and Miami. On appeal, Katz challanged his conviction arguing that the recordings could not be used as evidence against him. The Court of Appeals rejected this point, noting the absence of a physical intrusion into the phone booth itself. The Court granted certiorari. Question: 
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This note was uploaded on 11/10/2009 for the course PSY 21675 taught by Professor Monroe during the Spring '09 term at Mississippi State.

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Crim Pro Outline - Crim Pro. 8/24/09 349-379 The Fourth...

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