4th Amendment CJ100
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This 4 page Class Notes was uploaded by Ashley Raby on Thursday February 26, 2015. The Class Notes belongs to CJ100 at University of Alabama - Tuscaloosa taught by Dr. Klutz in Fall. Since its upload, it has received 281 views. For similar materials see Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 02/26/15
4th Amendment 4th Amendment right against unreasonable search amp seizure no issuance of warrants wo probable cause Intended to limit overzealous behavior of police 0 Primary form of protection requires that a neutral magistratejudge issue warrants not the police 0 Search amp Seizure of cer searching and taking away crime evidence Arrest Warrant document by a judge directing police to arrest a person accused of a crime Probable Cause reasonable suspicion or belief that a crime has been committed or will be committed by a particular person Reasonable Suspicion suspicion that is less than probable cause but more than just a mere hunch o Probable cause and reasonable suspicion must exist before an arrest Exclusionary Rule all evidence obtained illegally can t be used in court against a person 0 Weeks v United States illegal evidence is barred from federal cases 0 Mapp v Ohio applied Weeks v United States via the 14th Amendment 4th Amendment Key Points 0 No general warrantswarrants must be speci c 0 Speci c as to who to search what to search for amp where to search 0 Must be speci c to prevent violation of privacy amp property by unruly search When Warrants are NOT Required Three key situations when warrants aren t needed consent plain view plain feelsmell o Consent o Allowing an of cer to conduct a search 0 When you give consent you waive your protection under the 4th Amendment 0 PlainView Doctrine o If something is in plainview then it can be seized legally as evidence 0 Indicates areas visible from the air public airspace 0 Plain Feel amp Plain Smell K9 Searches A sniff by a police dog is not considered a search that is protected by the 4th Amendment 0 Sniffs do not equate to a search so there is no 4th Amendment protection 0 US v Place 1983 0 Positive alerts by a K9 unit is treated as probable cause 0 Police can then get a search warrant based on that positive alert 0 Florida v Jardins 2013 o Is a K9 sniff outside of a home but on a person s property a quotsearchquot under the 4th Amendment It is a search and requires probable cause and a search warrant before the police can go into someone s home 0 Protection against K9 searches inside of your homeproperty Motor Vehicle Exceptions instances where a warrant is NOT needed Allows for the search of a motor vehicle wo a search warrant 0 Still probable cause or consent Example of probable causesight or smell contrabandplainviewplainsmell Exceptions exist because motor vehicles can be easily moved and warrants take long to obtain which means evidence can be removed 0 Minor traffic violations are NOT considered a probable cause 0 Example Running a red light means that you can be pulled over and ticketed but the officer has no reason to search your vehicle unless you give consent or they seesmell something in the car Terry v Ohio 1968 0 Based on reasonable suspicion a person can have a quotstopand frisk pat down done by he police 0 quotTerry stopsquot appies to traffic stops 0 You can be pulled over for a credible reason asked to step out of the car and be patted down Katz v United States 1967 Keylssues 0 quotRight to privacyquot Does it extend outside the home telephone booths public place Yes 0 Do you need physical intrusion to constitute a search ex Wiretapping No Ruling Private conversations can be made in public places Wiretapping violated privacy and therefore constituted a search and seizure unreasonable A warrant is needed 0 Think about the evolution of technology cell phones Kyllo v United States Police did not have a warrant to use the thermal imaging technology Ruling Use of thermal imaging technology constituted a search and did not fall under the quotplainview doctrine 0 Anything found via the use of thermal imaging technology is inadmissible in court unless the police has a warrant
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