Criminal-Procedure-4th-Amend

Criminal-Procedure-4th-Amend - Bar None Review Bar Exam...

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Bar None Review Bar Exam Template – CRIMINAL PROCEDURE: 4 TH AMENDMENT Copyright 2002-2006 Bar None Review. All Rights Reserved. 1 Fourth Amendment The Fourth Amendment protects the public from unreasonable searches and seizures by the government. Exclusionary Rule Evidence seized in violation of the Fourth Amendment will be excluded at trial. If (Defendant) can show the search was unlawful, the (item) will be inadmissible. Search and Seizure Here, . Thus, . Government To be unlawful, (Defendant) must show that the search or seizure was conducted by the government. Here, . Thus, . Standing To assert one’s Fourth Amendment rights, the accused must have a reasonable expectation of privacy or substantial ownership interest in the item searched or seized. Reasonable Expectation of Privacy Here, ________. Thus, ________. Substantial Ownership Interest Here, ________. Thus, ________. WARRANT Requirement Observations and subsequent seizure of the (item) by the police are illegal unless accompanied by a valid warrant, or supported by an exception to the warrant requirement Valid Warrant A valid warrant requires Probable cause , Particularity , Issuance by a neutral and detached magistrate
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This note was uploaded on 06/04/2011 for the course MAT 115 68325 taught by Professor Elliot during the Spring '10 term at University of Phoenix.

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Criminal-Procedure-4th-Amend - Bar None Review Bar Exam...

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