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Constiutional Searches and Seizures - Coggle Diagram
Constiutional Searches and Seizures
Clauses of the Fourth Amendment
Conventional Fourth Amenment approach
Views the Reasonalbeness and Warrant Clause as firmly intertwined
Reasonableness clause gives people the right to be secure in their possessions and property from unreasonable searches
Warrant clause states that no warrant shall be issued unless there is probable cause from an affirmation and the specific description of the place to be searched.
If a search is conducted without a warrant and reasonable suspicion, it is considered unlawful.
Reasonableness Fourth Amendment approach
Sees the Reasonableness and Warrant clause as separate
Some instances can be reasonable searches without warrants or probable cause
Action taken after police have performed a duty they believed to be right.
Search and Arrest Warrants
Knock and announce rule
Gives officers the ability to break open doors or windows if it is necessary
General rule is that law enforcement must knock first and make their presence known
Special conditons
There can be instances where the police do not have to make their presence known
No-knock warrants are also an option if the officers fear that evidence will be destroyed after making their presence known
The law of stop and frisk
Gives officers authority to act on determining what is unlawful and lawful
Like the other topics, there has to be reasonable suspicion for it to be legal to perform these actions
The Terry Stop involves an officer stopping someone and frisking them if they have reason to suspect the person is armed and dangerous
This does not mean the police have a right to search, but it allows them if they feel it meets the criteria for an arrest
Consequences of Fourth Amendment violations
The Exculsionary Rule
This rule is keeps the government and police from frequent misconduct situations
This rule reflects the insistence of U.S. Law and that the ends do not justify the means
Fruit of the poisonous tree
Evidence that is obtained through illegal practices
Is an extension of the exclusionary rule to preserve the inegrity of the court and another way to hold the police accountable.