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Constitutional Searches & Seizures - Coggle Diagram
Constitutional Searches & Seizures
4th Amendment: The people are entitled to remain secure in their homes, persons, property, and papers against any unreasonable search or seizure. A warrant must be issued with probable cause by a supported Oath. The warrant must describe place or person to be searched and names of articles to be seized.
Searches
Searches are often performed by "Officers" after warrant is acquired. Warrant is for specific area and articles to be searched.
Consent Searches: Are voluntary and are specific to a certain area. The search can be made to stop at anytime.
"Stop & Frisk" Search: Is performed upon a person, with probable cause and after a stop that has been authorized as a stop for investigation. For example, a person who has been detained, their clothes can be searched.
Evidence
Evidence acquired in a search or by arrest cannot be used, if illegal obtained. Evidence will be excluded from trial.
Warrants
Can be used to search cars and homes
:
Warrant must allow vehicle to be searched, with probable cause of contents in the vehicle. The contents in vehicle must reflect violation of law.
Sometimes "Officers" can acquire a "No-Knock" Warrant.. Officers will not announce their entrance to protect evidence seeking to acquire. Also, "Officers" can acquire a "Night-Cap" Warrant. A Night-Cap warrant, "Officers want to act immediately, as their belief criminal activity is occurring.
Officers can acquire an "Electronic Surveillance Warrant". The police suspects person is engaging in a particular criminal act. Normal investigative procedures are implemented. Officers must have probable cause to acquire warrant.
Searches can be completed with warrants. Warrant will contain specific area and articles to search.
Seizures
.
Electronic surveillance is a form or way of seizing evidence. Electronic surveillance is permitted by the 4th Amendment. Also, Electronic Surveillance can be considered a search.
Not considered an arrest.
When a "Lawful" arrest occurs, evidence or property can be seized from the arrested. Examples of property and must be connected to the person directy are: weapons, drugs, backpack, money.
Arrests
The police can interrogate or question the arrested. Miranda Warnings should be given prior.
Police do not need a warrant to make an arrest. A Warrant can be utilized to make an arrest.
Denies and deprives a person of freedom or liberty.
Police need probable cause to make warrant.
TERRY STOP
Separate from the authority to arrest.
During the stop, Officers have the right to check for the violation of law.
A seizure and search can take place during Terry Stop. The seizure of anything during the stop must adhere and find reasonableness in accordance with the 4th Amendment.