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Unformatted text preview: Chapter 2: Search and Seizure The r ight 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 be issued, but upon probable cause, supported by oath or affi rmation and particularly describing the place to be searched, and the persons or things to be seized. >Fourth Amendment History and Purpose of the Fourth Amendment Search and Seizure Process 1. Does the Fourth Amendment Apply? 2. If the fourth amendment does apply, has it been complied with? 3. *Are there any exceptions to the warrant requirement?* 4. If the fourth amendment does apply, and has not been complied with, what sanctions will the court impose on any evidence seized in violation of the amendment? Exceptions (to the search warrant requirement) Airport Abandonment Border Consent Destruction of Evidence Incident to a lawful arrest Inventory search Plain View Pursuit (HOT) Probationer Parolee Regulatory School searches Exclusionary Rule:-The Rule used to exclude evidence that was obtained by the violation of a constitutional right such as an illegal search. Fruits of the Poisonous Tree Doctrine-Additional evidence discovered from information obtained as the result of a constitutional violation such as an illegal search....
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- Spring '08