Transcript Search and Seizure

Search and Seizure
Part II
Against
what does
th
the 4 Amendment
protect?

We have the right to privacy in our homes

Police need a warrant to search your
home.

Warrants list:
◦ Specific items to be searched/ seized
◦ The place to be searched
◦ The evidence already supporting probable
cause
Define
the
Exclusionary Rule:
Exclusionary Rule:
What
could be a
side-effect of the
Exclusionary Rule?
Exclusionary Rule:
(Mapp)
What
are the
exceptions to the
Exclusionary Rule?
Exceptions:

In plain view

Incident to arrest/ Crime in progress

Vehicles

School searches
EXCEPTIONS:

They can look through an open window

They can look through a car window

When legally in your home or business,
they can see evidence on the counter/
floor/ table/ open trash bin….
In plain view:

Officers can search people and areas for
weapons when an arrest is made

Officers can seize people in public places
if they believe (PC!) a crime is in progress
(ie: you are holding the stolen item in
the parking lot of the store
OR you are fleeing from the police…)
Incident to arrest/
Crime in progress

Stop must be legal– have RS or more
◦ Crime in progress- speeding, ran a light…

They can look through a car window (IPV)

They can converse with the driver/
passengers

Need PC that the car or the people are
involved in a crime to search further
Vehicles

They can look through a locker

They can look through your book bag or
purse

They can do drug testing for athletes
School searches