The Fourth Amendment

The Fourth Amendment - The fourth amendment The right of...

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The fourth amendment 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 afFrmation and particularly describing the place to be searched and the persons or things to be seized. The supreme court has outlined that in order to have a search, there must be a warrant A search is unreasonable if it doesn't have a warrant Probable Cause Substantial and trustworthy evidence that would lead a reasonable man to believe that itnis more likely than not that a crime has been committed and evidence of that crime is likely to be found in the place to be searched Three types of probable cause Probable cause to seize property Probable cause to seize a person (arrest) There needs to be a lot of good evidence A fourth amendment search is a violation of your privacy rights by the federal government Seizure is a violaton of your property rights An arrest is a violation of your property rights as a person Miranda Rights must be read prior to questioning Allows the police to get a warrant Exceptions allow them to act without a warrant Exegent circumstances Consent The Supreme Court said that all warrantless searches and seizures are unreasonable unless one of the exceptions can be applied Exclusionary Rule Evidence seized illegally cannot be used in court Plain view Rule 1: you have to have a legal initial intrusion Rule 2: It must be immediately obvious that the item to be seized is evidence of a crime, or it is criminal in and of itself Not an exception to the warrant requirement because no search occurs The house is the most protected under the fourth amendment A man's home is his castle (Old English common law) There are three ways the police can get in the house Emergencies
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Exigent circumstances Warrant Permission A seizure of a person has happened when A seizure occurs when the reasonable man knows he is no longer free to leave Exclusionary Rule All warrantless arrests require one to have a probable cause hearing within 24 hours Exceptions to warrants Three reasons for exceptions When, does the exception occur What, does the exception cover Why, does the exception exist Consent When: when a person is knowing and willing What: limits are set by the consented Why: one always has a right to waive their rights Miscallaneous Consent One can retract consent at any time Third Party Consent
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This note was uploaded on 02/26/2012 for the course GENERAL 101 taught by Professor None during the Spring '12 term at Aurora University.

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The Fourth Amendment - The fourth amendment The right of...

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