Searches and Seizures

Question 1

Requirements to invalidate evidence found as result of affidavit

Answer 1

A search warrant on the basis of an affidavit will be held invalid if the defendant establishes all three of the following:

1. A false statement was included in the affidavit by the affiant;
2. The affiant intentionally or recklessly included the false statement; and
3. The false statement was material to finding of probable cause.

Question 2

Exceptions to the Warrant Requirement

Answer 2

a. Search Incident to Constitutional arrest
b. “Automobile” Exception
c. Plain View
d. Consent
e. Stop and Frisk
f. Hot Pursuit, Evanescent Evidence, Emergency Aid Exceptions

Question 3

Public School Searches

Answer 3

A school search will be held to be reasonable if: (i) it offers a moderate chance of finding evidence of wrongdoing, (ii) the measures adopted to carry out the search are reasonably related to the objectives of the search; and (iii) the search is not exclusively intrusive in light of the age and sex of the student and nature of the infraction.