Searches and Seizures by yaoyufang


									Searches and Seizures
    What is in an arrest warrant?
   Warrants are typically issued by courts but
    can also be issued by houses of Congress
    or other legislatures
   an arrest warrant must be supported by a
    signed and sworn affidavit showing
    probable cause that:
       a specific crime has been committed, and
       the person(s) named in the warrant
        committed said crime.
              Example info
   Municipal Court, Springfield Judicial District
   To any peace officer of the realm: Complaint
    upon oath having been brought before me
    that the crime of larceny has been committed,
    and accusing Nelson Muntz of the same, you
    are hereby commanded forthwith to arrest
    and bring that person before me. Bail may be
    admitted in the sum of $1,000.00. Dated: 15
    May 1997. /s/ Bill Wright, presiding judge.
               Search Warrant
   Police do not need a search warrant to search a
    vehicle if it was stopped by police on the road or
    is in a non-residential area, so long as the officer
    has probable cause to believe that it contains
    contraband or evidence of a crime.
   Police may then search any open or closed
    container with that vehicle.
   Police do not need a search warrant, or even
    probable cause, to perform a limited search of a
    suspect's outer clothing for weapons, if police
    have a reasonable suspicion to justify the
    intrusion - a Terry 'stop and frisk.‘
                  Exclusionary rule
   legal principle holding that evidence collected or analyzed in
    violation of the U.S. Constitution is inadmissible for a criminal
    prosecution in a court of law (that is, it cannot be used in a criminal
   The Exclusionary Rule is designed to provide a remedy and
    disincentive, short of criminal prosecution, for prosecutors and
    police who illegally gather evidence in violation of the Fourth and
    Fifth Amendments
   Weeks v. United States, is a case in which the United States
    Supreme Court held unanimously that illegal seizure of items from a
    private residence constitutes a violation of the Fourth Amendment
   Mapp v Ohio, was a landmark case in the area of U.S. criminal
    procedure, in which the United States Supreme Court decided that
    evidence obtained in violation of the Fourth Amendment protection
    against "unreasonable searches and seizures" must be excluded
    from criminal prosecutions in state courts, as well as federal courts.
      Searches without a warrant
   In some cases a search warrant is not required, such as where
    consent is given by a person in control of the thing to be searched.
   Another exception is when evidence is in plain view doctrine - if the
    officer has a legitimately on the premises, his observation is from a
    legitimate vantage point, and it is immediately apparent that the
    evidence is contraband, the officer is within his right to seize the
    object in question.
   When police arrest an individual, they are also permitted to conduct
    a full search of the suspect's person, any area within that person's
    immediate reach, and any vehicle which they recently occupied, for
    weapons or other contraband.
   If the subject is arrested in a home, police may search the room in
    which they were arrested, and perform a 'protective sweep‘
   Searches are also allowed in emergency situations where the public
    is at risk

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