Searches and Seizures Flashcards
A school search will be upheld only if…
three parts
(1) It offers a moderate chance of finding evidence of wrongdoing, (2) the measures adopted to carry out the search are reasonably related to the objectives of the search, and (3) the search is “not excessively intrusive in light of the age and sex of the student and the nature of the infraction.”
Under the Exclusionary Rule…
Evidence obtained in violation of a defendant’s Fourth Amendment rights is not admissible to establish the guilt of the defendant at trial.
The Fourth Amendment protects against __________ ________ and _______ by _________ __________.
“unreasonable searches and seizures” by “government agents”
To have a Fourth Amendment right, a person must have a…
reasonable expectation of privacy with respect to the place searched or the item seized.
For a search based on a search warrant to be constitutionally valid, the warrant must… (two things)
(1) be based on probable cause, and (2) describe with reasonable precision the place to be searched and the items to be seized.
Does a search warrant authorize the police to search persons found on the premises who are not named in the warrant?
No
Under what circumstances may the police search a person found on the premises who is not named in the search warrant?
If the police have probable cause to arrest a person discovered on the premises to be searched, they may conduct a warrantless search of him incident to arrest. Or, if a person is not named in the warrant and there is no reason to arrest them, the police may search the person for the objects named in the search warrant only if they have probable cause to believe that he has the named objects on his person.
Can the police search the home of a person on probation without a search warrant?
Yes. A person on probation has a diminished expectation of privacy and the government has a heightened need to search probationer’s homes.
When requesting a warrant, officers must submit to a magistrate an affidavit setting forth…
Sufficient underlying circumstances to enable the magistrate to make a determination of probable cause, independent of the officer’s conclusions, that evidence of a crime will be found at the premises.
The “good faith” exception…
A finding that a warrant was invalid because it was not supported by probable cause will not entitle the defendant to exclude evidence obtained under the warrant if the police have acted in good faith and reasonable reliance on a facially valid warrant.
A police officer cannot in good faith rely on a defective search warrant if…
(four things)
(i) the affidavit underlying the warrant is so lacking in probable cause that no reasonable police officer would have relied on it; (ii) the warrant is defective on its face (e.g., it fails to state with particularity the place to be searched or the things to be seized); (iii) the affiant lied to or misled the magistrate; or (iv) the magistrate has wholly abandoned his judicial role.
Absent an emergency, a forcible, warrantless entry into a residence for the purposes of making a felony arrest is…
an unconstitutional violation of the Fourth Amendment as made applicable to the states by the Fourteenth Amendment.
