4th Amendment CJ 100
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This 3 page One Day of Notes was uploaded by Erica Kugler on Sunday February 1, 2015. The One Day of Notes belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Spring2015. Since its upload, it has received 249 views. For similar materials see Intro to Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 02/01/15
4th Amendment textbook notes 0 4th Amendment no unreasonable search and seizure no warrants wo probable cause 0 Intended to limit overzealous behavior of police 0 Primary form of protection requirement that a neutral magistratejudge issue warrants not the police 0 Search and seizure officer searching for and taking away crime evidence 0 Arrest warrant doc by a judge directing police to arrest a person accused of a crime 0 Probable cause reasonable suspicion or belief that a crime has been or will be committed by a particular person I Reasonable suspicion suspicion that is less than probable cause but more than just a mere hunch I Probable cause and reasonable suspicion must exist before an arrest 0 Exclusionary rule all evidence obtained illegally cannot be use in court against a person I Weeks v US illegal evidence is barred from federal cases I Mapp v Ohio applied Weeks v US to the states via the 14th amendment Lecture notes Key Points 0 Protection against unreasonable search and seizure o Probable cause 0 Reasonable conclusion a reasonable person could conclude that a crime has been or will be committed o No general warrants gt warrants must be specific 0 Specific as to who to search what to search for and where to search 0 Must be specific to prevent violation of privacy and property by unruly searches When warrants are NOT required 0 Three key situations when warrants aren t needed consent plainview plain feelsmell o Consent I Allowing an officer to conduct a search I When you give consent you waive your protection under the 4th Amendment 0 PlainView Doctrine I If something is in plainview then it can be seized legally as evidence I Includes areas visible from the air gt public airspace o PlainFeel and PlainSmell I Feel gt if an officer feels something on you during a body search they can seize that something as evidence I Smell gt applies to police officers and K9 units I Police dogs who sniff luggage in public places are NOT conducting a search 0 So you re not subject to protection of 4th Amendment Supreme Court cases related to the 4th Amendment 0 Weeks v US 1914 0 Est quotexclusionary rule gt evidence obtained illegally can t be used in court 0 Ruling was meant to put a check on police power I Made police have to go through legal avenues to obtain evidence against you 0 Only applied to federal cases I e Only in federal cases could evidence that had been obtained illegally be thrown out o Mapp v Ohio 1961 0 Extended the exclusionary rule of Weeks v US to the states via the Due Process Clause of the 14th Amendment 0 Katz v US 1967 0 quotright to privacy I Does it apply outside the home such as in a public phone booth I Do you need physical intrusion to constitute a warrant o Ruling private conversations can be made in public places I Any obstruction of that private conversation wiretapping etc requires a warrant o e Any intrusion not just physical intrusion needs a warrant or else the search and seizure is illegal o allowed things to be private even if they were in the public sphere as long as there was an expectation of privacy 0 what a person knowingly exposes to the public regardless if done at home or in the public is NOT subject to the protections of the 4th Amendment I Ex photos and things you post online 0 California v Greenwood 1988 0 4th Amendment does not prohibit the warrantless search and seizure of garbage left outside of a home I No reasonable expectation of privacy for trash on the street 0 By putting your trash outside for public consumption you waive your 4th Amendment 0 waiving your right to privacy by moving yourself or things into the sphere of public consumption means you waive your 4th Amendment protection against unreasonable search and seizure 0 Kyllo v US 2001 0 Issue use of thermal imaging technology to see through walls to see if Kyllo was growing marijuana I Police didn t have a warrant to use the thermal imaging technology 0 Ruling use of thermal imaging technology constituted a search and did not fall under the quotplainview doctrine I e Anything found via the use of thermal imaging technology is inadmissible in court unless the police have a warrant 0 Terry v Ohio 1968 0 Based on reasonable suspicion a person can have a quotsto andfrisk pat down done by the police 0 quotTerry stops applies to traffic stops I You can be pulled over for a credible reason asked to step out of the car and be patted down K9 searches 0 A sniff by a police dog is not considered a search that is protected by the 4th Amendment 0 e Sniffs do not equate to a search so there is no 4th Amendment protection 0 US v Place 1983 0 Positive alerts by K9 units are treated as probable cause 0 Police can then get a search warrant based on that positive alert 0 Florida vJardines 2013 o Is a K9 sniff outside of a home but on a person s property a quotsearchquot under the 4th Amendment I 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 homeon your property Motor Vehicle Exceptions ie instances where a warrant is not needed 0 allows for the search of a motor vehicle wo a search warrant 0 still probable cause or consent I ex of probable cause sight or smell of contraband gt plainview plainsmell o 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 probable cause 0 Ex Running a red light means that you can be pulled over and ticketed but the officer has no reason to search you vehicle unless you give consent or the seesmell something in the car
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