search and seizure

search and seizure

Fourth amendment protects against unreasonable searches and seizures

search warrants

Written document outlining reasons why an individual or their property should be searched
-must contain probable cause

exception- plain view

officers may seize evidence in plain view without a warrant if they are in a place where they have a legal right to be

Exception: Exigent Circumstances

emergency searches involve warrantless searches which are justified on the basis of some immediate and overriding need

the exclusionary rule

Holds that evidence illegally seized by the police in violation of a defendant's constitutional rights cannot be used in a trial

warrant less searches

-most police searches are done without a warrant
-Warrantless search incident to arrest is limited to area in suspect's immediate control

Reasonable Suspicion

Belief that would justify an officer in making further inquiry or in conducting further investigation
-Sufficient for investigative detention but not arrest

terry stop

brief stop and frisk based on reasonable suspicion

fruit of the poisonous tree doctrine

Evidence later developed as a result of illegal search and seizure is excluded from trial

miranda rights

Must advise suspects of their rights before questioning (miranda rights) if in custody/not free to leave

the big picture

totality of circumstances