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Fourth Amendment: Search And Seizure (Two Clauses (Reasonableness Clause…
Fourth Amendment: Search And Seizure
Applies to any government agent, but not private individuals or agencies
Two Clauses
Reasonableness Clause
People are secure from unreasonable searches and seizures
Sensible, rational, justifiable
Two Methods to determine what is reasonable
Bright-Line Approach
Specific rule that applies to all cases
Case-by-case
Totality of circumstances in each case
Warrant Clause
Probable cause
"exists when facts and circumstances are sufficient in themselves to warrant a person of reasonable caution to believe that an offense has been or is being committed..."
Totality of Circumstances
"the principle on which a number of legal assessments are made...a sum total of layers of information..."
Two Sources
Observational
Personal Experiences
Informational
Information provided by others
supported by Oath or Affirmation
description of place to be searched, and the persons or things being seized
Two Interpretations
Conventional
Both clauses intertwined
Reasonableness
Both clauses should be interpreted as different issues
Knock and Announce
Stop and Frisk
based on reasonable suspicion
Terry Stop
articulable reasonable suspicion that a crime is occurring, or is about to occur: may conduct a brief stop including a pat down for weapons
Consequences of Fourth Amendment Violations
Exclusionary Rule
Any evidence found as a result of an illegal search or seizure is inadmissible in court
Exclusions
Inevitable Discovery
if the evidence was going to inevitably be found
Valid Independent Source
Evidence obtained from a valid source can be admitted
Harmless Error
preponderance of evidence suggests guilt, and illegally obtained evidence is not critical to proving the case
Good Faith
When Officers are not aware they are violating the Fourth Amendment
Evidence obtained that "shocks the conscience" will be inadmissible in court
Fruit of the Poisonous Tree
If any evidence is found to be inadmissible, than any evidence derived of the original evidence is also inadmissible