Transcript Search and Seizure

Search and Seizure
Chapter 12
With a Warrant
• What is a Search Warrant?
– Court Order gotten from a judge
• The police file an affidavit, which is
– Sworn statement of facts and circumstances
• Why is a Search Warrant given?
– Bona Fide need to search person / place
• Must be done in certain days, search only
listed in warrant
Without a Warrant
• Search with lawful arrest
– Search person and immediate area when arrested
• Stop and Frisk
– Search person for weapon, plain feel exception
• Consent / Border
– Person voluntarily agrees
• Plain View
– Where police can be and out in open
Without a Warrant Continued
• Hot Pursuit
– Police can enter where they see suspect go
– Anything in plain sight can be seized
• Vehicle Searches
– Need probable cause but can search car do to
high risk of evidence being destroyed
• Emergency Situation
– Can enter due to emergency such as fire or
• Destruction of evidence / escape of suspect
School Searches
• Reasonable Suspicion
– Drug Dogs
• Lockers belong to the school
• Strip Searches?
• Need for security over privacy
– Similar to airports, understand could be searched
What you will do now
• READ CHAPTER 12
• Page 141 Problem 12. 4 a through f
– Be sure to explain WHY it is / is not legal